Financial Support For Your Children
Securing your financial future and that of your children is crucial. Chadwick Lawrence are ideally placed to advise you on securing appropriate financial provision for your children in circumstances where either financial support is a stand alone issue or where it comprises part of an overall settlement on divorce and separation.
It is broadly a two-tier system for child maintenance payments in the UK but, beyond this parents are of course free (and advised and encouraged) to agree whatever financial support they feel is appropriate and arrangement payment between themselves. What cant easily be agreed, however, is the permanent exclusion of the Child Maintenance Service.
What is the CMS System?
The Child Maintenance System is a government run system and is very complex. Briefly, the Child Maintenance Services (“CMS”) was incorporated to decide what level of maintenance should be paid from one separated parent to another for the support of their children.
Parents only have responsibility as an entitlement under the CMS System where a five-fold test is passed, involving:
- Geographical restrictions; (all parties reside in the UK) with some limited exceptions (age and stage, very roughly the child is below the age of 18) or remains in full time education.
- Parentage; the child is the natural or adopted child of them both.
- Separation; the parties have separated and separation is required as without which, there cannot be a non-resident parent (NRP). Without an NRP, there is no jurisdiction.
- Order; a Maintenance Order from the court is likely to exclude the jurisdiction of the CMS until the court Order is twelve months old.
In circumstances where one or more of these requirements is not met, then if there is a maintenance obligation, it is likely to be the court that will decide. The court also has responsibility for deciding whether payments should be made for:
- The cost of disability where the child qualifies for Disability Living Allowance.
- Educational costs; or
- To top up the award because the NRP earns more than £156,000.00 gross per annum.
The parents who has the care of the child to a greater extent than the other parent becomes the parent with care (“PWC”) and can claim provision from the NRP. The formula to define the level of payment is operated by the CMS (*suggest link to CMS)
The government has published a calculator to help parents to estimate the costs of child maintenance (* suggest link to government calculator)
Making a Court Application
Court Orders for maintenance for child can only be made:
- Where the CMS has no power to undertake an assessment;
- Where the parties agree; or
- Where the Orders are for educational costs, disability costs or to top up a maximum award.
This will also mean that where children are approaching University, the court recovers jurisdiction to determine support that may be paid:
- To the child directly for example, for University fees/support to meet accommodation/living expenses; and
- As a contribution to the additional costs faced by the parent providing the child with their home base.
If a court Order is made for financial provision for a child, the court will take into account a number of considerations including the financial resources of each parent, including the following:
- The financial resources of each parent;
- The financial responsibilities and needs of each parent; and
- The needs of the child.
The following links may be useful:
- Child Maintenance Calculator
- Child Maintenance Service
- Child Maintenance Options
For more information or advice from our Family Solicitors please contact us.
