Child Maintenance Responsibilities

At JCP we would always advise family mediation to try to reach an amicable financial agreement with a former partner regarding any issues involving Children. We also strongly advise that you to seek specialist advice from a specialist family law solicitor before you take any action.

The parent of a child can seek financial provision through the Child Maintenance Service. Usually this will result in weekly/monthly payments calculated according to a set formula based on the other party’s income. You can make an application via the Child Maintenance Options Service (www.cmoptions.org) for payments under the statutory Child Maintenance Service. Be aware that there are some fees and charges for using the Child Maintenance Service. 

It is usually the role of the Child Maintenance Service to decide how much the paying parent should give to the child’s main carer and they would then take enforcement action if payments are not made.  However, the Courts retain jurisdiction to make or vary Orders for maintenance of children in some circumstances too, including for a top-up maintenance Order if the paying parent’s gross income exceeds £156,000.00 per annum, or if the court deems that the absent parent should contribute towards school fees.

The alternative is to make an application for financial provision under Schedule 1 of the Children Act 1989.  Under this act the Court can make financial Orders for the benefit of any children which can also include payments covering any expenses incurred in connection with the birth of a child. 

 

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