Financial Support for Children
Financial support for children of separated parents is a significant concern. We have very extensive experience in dealing with these issues for our clients.
If both the parents and the child live in the United Kingdom, currently the Child Support Agency, rather than the courts has the power to assess and enforce maintenance. This will apply whether or not the parents are married.
Child support will be assessed by the Child Support Agency according to a formula based on percentages of net incomes, the number of children involved and the time they spend with the paying parent. Only the first £104,000 of the paying parent’s net income is taken into account. Where income exceeds this sum, then the courts can make ‘top up’ orders. The court can also make school fees orders.
In most divorce cases, it is possible to agree the level of maintenance payable for child support between the parents and their lawyers. In these circumstances, it can be incorporated into a court order but currently the court only has jurisdiction to vary and enforce the order for a period of twelve months.
If the parents are not married, on separation an application can be made to the court for a financial order to provide housing while the children are growing up. In some cases, the court will make an order for additional financial provision for the parent who is caring for the child.
You may know that changes to the Child Support Agency are currently under consideration. If these or any other issues covered here affect you, please do contact Sharon Bennett or Caroline Falkus for advice.
