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Child maintenance is financial support paid by a separated parent for the everyday living costs of the child in the other parent’s care. Maintenance can be paid up to the child reaching the age of 16 or until the end of full time secondary education.
In some circumstances, you can apply for maintenance to be paid until a child reaches the end of tertiary education (university) or up to the age of 25. This can be done by making an application to the Court under Schedule 1 of the Children Act 1989.
Agreements should also be reached regarding extra-curricular matters such as uniforms, pocket money and activities for the children to ensure that both parents are on the same page.
Where possible, maintenance can be arranged by agreement between parents. This is the best solution if parties are able to have sensible discussions with one another. If this is possible, the agreement can then be put in writing as a separation deed or prepared into a formal legal document known as a ‘Consent Order’. A Consent Order is a legally binding order endorsed by the Court which will set out the arrangements for payments to be made. If the other parent reneges on their obligations under an order, then the aggrieved parent can make an application to the Court to enforce the maintenance.
Alternatively, you can make an application through the Child Maintenance Service (CMS) for maintenance if parents cannot come to an arrangement between themselves. The CMS will assess the separated parent’s income and can set up a direct pay service, meaning that the parent will pay you directly, or a collect and pay service whereby the CMS will take the payment from source and pay this to you minus a commission amount.
If your child/children spend equal time with both parents, it might be that both parents can agree that they shall each take care of any costs arising out of the time in which they spend with the children. However, if one parent earns significantly more than the other parent, then it is reasonable for that parent to pay a level of maintenance towards the everyday costs to the other parent.
If the separated partner lives abroad then you will need to make an application to the Court for an Order for maintenance, in the absence of an agreement.
This can be done by making a formal application for maintenance in the UK in the first instance. If the separated parent lives in a county which is signed up to a worldwide convention to manage maintenance matters, then an application for an order can be made to that country, to ensure that it is recognised and enforceable in that other country. If this is the case, it is advisable to seek independent legal advice regarding the application.
If you have any queries or concerns in respect of child maintenance issues, we may be able to assist you in resolving your matter, either by mediation or through a legal route.
At Consilia Legal we offer a free 30 minute consultation during which we will discuss with you, your options.
If you would like to set up a meeting or for more information, you can contact a member of our family team, Sophie Arrowsmith at s.arrowsmith@consilialegal.co.uk or on 0113 322 92
