When a family breaks down, one of the key considerations is the financial needs of the separating couple and any children.
Child maintenance is a set payment made from one parent to another to cover living expenses and is calculated based on different criteria and circumstances. ( The government has a helpful online calculator).
read moreIdeally, parents will negotiate and agree on the amount of maintenance and what it will cover between themselves. If this is not possible, an application can be made to the CMS (Child Maintenance Service). The CMS is a government-run agency that arranges and collects maintenance payments.
Using their extensive experience, our team of child law solicitors have supported many families to resolve maintenance issues both directly and through the CMS and, in rare cases, the court system.
What is a child arrangements order? |
A child arrangements order is a court order determining who cares for a child. It specifies:
The order can also include other types of contact, such as phone calls, video calls, and letters. |
What is child maintenance? |
Child maintenance is a payment from one parent to another to cover living expenses. Ideally, parents agree on the amount and what it covers themselves. If not, they can apply to the Child Maintenance Service(CMS),a government agency that arranges and collects maintenance payments. |
What child custody laws might you and your partner need to resolve? |
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The best solution is for you and your ex-partner to agree on maintenance and manage the process directly. This reduces the need for CMS fees and any potential court/legal fees. It also means the maintenance can be flexed (with both sides agreement) if circumstances change.
read moreHowever, these arrangements are not legally enforceable, so they are not suitable for all families. To make the agreement legally binding, you can apply to the court to turn it into a consent order. However, either parent can opt out after 12 months and choose to go to the CMS.
The CMS is a government service that will arrange and collect maintenance on the relevant parents’ behalf, helping reduce conflict and any payment issues.
In certain circumstances, for example, if one parent lives aboard, you can seek an order for child maintenance from the courts.
Making decisions about the future financial security of your family is stressful. So let us help take the strain; our legal team works within this area of the law every day and is highly knowledgeable about its complexities and processes.
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