Applying for Child Maintenance As of 25 November , the Child Maintenance Agency is no longer accepting applications for child maintenance. Reductions to Amount of Child Maintenance Payable When the CMS has determined the amount of child maintenance payable by reference to the above figures, deductions are made in respect of other children who are living with the NRP or whom the NRP is liable to maintain.
Introduction of Fees In addition to the changes outlined above, the government has published the Child Support Fees Regulations , which are expected to come into force shortly, although the exact date is yet to be announced. Conclusion With all of these changes and rules, it is clear that the area of child maintenance is a tricky and difficult one to navigate. Family Law Team. Ready to find out where you stand?
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You can also download a template separation agreement that can form the basis of your consent order. You should also consider making a new will.
When you marry, your old will automatically becomes void. This does not happen on divorce or separation. Additionally, if you don't have a will and you are separated but still married, then your ex still is entitled by law to your money and possessions should you die.
It is important when you separate to make a new will. Net Lawman provides a number of free documents to help you do so. Please note that the information provided on this page:. We would love to hear what you think about this article and how we could improve it.
Please do let us know. However, we shan't be able to reply to your specific questions. The government has introduced a child maintenance calculator available for use on the internet so that a person with care and a non-resident parent can check themselves the amount of maintenance they will be liable to pay.
If already on the old scheme, then the following calculations will have been used to assess your child maintenance:. A non-resident parent will pay no child support maintenance where he or she is:.
If the non-resident parent shares care with the resident parent, the calculation is adjusted to make allowance for this. The more nights spent by the child or children with a non-resident parent, the greater the reduction in the contribution of maintenance. A non-resident parent may make an application for a variation of maintenance according to their circumstances. Since , the CSA has encouraged couples to reach voluntary agreements and only to use the Child Support Agency as a last resort.
Parents with care of children and who are on benefits are no longer required by law to use the CSA to claim maintenance and can choose to leave its books. Further information is on the CSA website www. From 25 November , all parents making a new application for child maintenance do so under the revised scheme. The Government intends to transfer all existing cases to the new scheme by the end of when the CSA will cease to have any jurisdiction.
One of the main purposes of CMS is to encourage parents to voluntarily agree their own arrangements. If the parents opt for direct pay, where parents pay each other directly without going through the CMS, the charges could be avoided. However, if payments stop, the CMS will step in and enforce payment.
If the parent paying the maintenance has other children living with them, they will be entitled to reduce their gross weekly income:. Where there is a shared care arrangement neither parent will be able to claim child maintenance but this arrangement does not appear to be straightforward and there has been case law surrounding the problems in identifying the definition of shared care. Void and Voidable Marriage.
Separation and Maintenance Agreements. Emergency Protection of Children.
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