Child Maintenance

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Child Maintenance and Spousal Maintenance: Understanding the Differences
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Child Maintenance and Spousal Maintenance: Understanding the Differences

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers Family Law

Sponsored article by Jones Myers Family Law.

In the countdown to the festive season, concerns over finances can understandably escalate – especially for those divorcing and separating who have children but do not have their own income streams.

The aim of this article is to provide key insights into Child Maintenance and Spousal Maintenance.

While they are often believed to be inextricably linked, they are two very distinct issues.

Child Maintenance Support

How do divorcing/separating couples work out Child Maintenance?

Child Maintenance is something which needs to be considered whenever separating couples have children, regardless of whether they were married or not and whatever their financial circumstances.

The Child Maintenance Service (CMS), a stand-alone government body,  provides a formula for parents to calculate child support.

Most separated couples will use the formula as a basis for agreeing the level of child support to be paid and make informal arrangements for this to be paid directly.

Divorcing couples have the option of including their agreement on child support in the order (often known as a consent order) which sets out their agreement as to how their assets, debts, pensions etc will be divided.

Which parent is responsible for paying the support?

The parent with whom the children spend less time will be responsible for paying child support to the other parent.  Where the children’s time and the child care responsibilities are shared equally between the parents then no child support is usually payable.

If there is any dispute between the parents about whether this is the case then the CMS will generally assume the primary carer to be the parent who receives Child Benefit and assess child support accordingly.

For how long does Child Maintenance continue?

The paying parent is obligated to provide child maintenance until the child completes “qualifying education” which is generally full-time secondary education but can include other forms of ongoing study such as some apprenticeships. No child support is payable after the child attains the age of twenty.

What happens if parents cannot agree on the level of support?

If the parents are unable to agree then either one of them can make an application the Child Maintenance Service (CMS) for a calculation.

The CMS will calculate the support payable using a six-step process.

The various stages include determining the paying parent’s yearly gross income. The relevant parent usually provides this. However, the CMS can obtain the information from HM Revenue and Customs (HMRC) if the parents do not supply this.

Factors, such as pensions and school fees, which could change the paying parent’s financial situation, are also assessed before converting the yearly gross income into a weekly figure.

Key criteria the calculator draws on includes the number of children receiving the income and the level of what is called ‘shared care.’ This is based on how much time the child/children of the paying parent spends with them and includes overnight stays.

What happens if the paying parent loses their job?

Either parent can let the CMS know of a change in circumstance. The Agency will then re-evaluate and reduce the level of support the paying parent needs to provide based on the calculator system.

What happens if the paying parent refuses to pay?

The receiving parent can contact the CMS which would then take appropriate enforcement measures such as applying for a court order to take legal action.

What happens if the paying parent dies during the support period?

CMS payments would cease on the death of the paying parent. State benefits, such as Universal Credit, may be available to the surviving parent, depending on their circumstances at the time.

Are there any other options besides the CMS for parents to agree Child Maintenance?   

Agreements between parents can be negotiated with support from experienced family law experts such as Jones Myers.

Our specialist services include mediation, a non-confrontational option for parents to reach a solution in a spirit of co-operation which puts their children’s best interests first.

As a qualified Mediator and Child Inclusive Mediator I regularly see at first hand the  benefits of the mediation process for parents, children and the wider family.

Spousal Maintenance

Divorce does not automatically bring an end to the financial obligations between divorcing and separating couples.

Significant income disparities between spouses may require ongoing financial support to prevent undue hardship, especially when considering the well-being of any children involved.

What is Spousal Maintenance?

Spousal Maintenance is a payment made by one party to the other as part of the financial settlement on their divorce or separation.

Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies.

Spousal Maintenance is different from Child Maintenance, which is statutory. It is not an automatic  entitlement and only applies to divorcing couples.

How is the amount and duration agreed?

There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings.

Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate.

Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings.

Does getting Spousal Maintenance involve going to Court? 

If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid.

In every case the Court must consider the possibility of a Clean Break Order – which severs all financial ties between the couple.

If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level  of Spousal Maintenance – and for how long this must be paid.

The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence.

How can couples reach a solution without going to court?  

More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles.

They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Our specialist lawyers at Jones Myers have extensive experience in advising couples in these areas.

In what circumstances is Spousal Maintenance terminated?

When Spousal Maintenance ends will be set out in the court order.  Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home.

Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership.

What happens if the parties situation changes?   

If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order.  If agreement is not possible then either of them can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.

For vital areas of law such as Child Maintenance and Spousal Maintenance, I cannot emphasise enough the importance of consulting experienced family lawyers like Jones Myers.

Offering expert legal advice to our clients, we help them to understand their legal position and options.

Providing legal guidance and representation with child maintenance disputes, we support clients to ensure that the child maintenance arrangements are fair and reasonable.

Our approach prioritises resolving disputes in a non-confrontational manner, allowing us to assist couples in reaching voluntary agreements for child maintenance.

We can also assist in negotiating Spousal Maintenance agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With three decades experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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Your Questions Answered on Child Maintenance Payments and Finances in Coronavirus Crisis

Published on
Norman Taylor
Collaborative Family Law Expert
Jones Myers

The coronavirus pandemic looks set to have a major impact on family finances in the long and short term with predictions that up to one million people could lose their jobs.

Mounting concerns of divorced and estranged parents include sustaining child maintenance payments if their income ceases along with making decisions over court proceedings.

Here are responses to some key questions.

How do I continue making maintenance payments during the crisis if my income dries up?

  • Communicate with your ex-partner – try to provide them with as much verified information explaining why the payments can no longer be met with the aim of reaching an agreement
  • Any such agreement should be confirmed in writing and ideally would be entered into with each party having taken legal advice
  • It may be that a lower figure can be agreed in the short term on the basis that any “arrears” are paid later – but it will very much depend upon the facts of each individual case
  • If the above fails and maintenance is being paid under a court order and you cannot continue to pay, you may have to make an application to the court to vary or suspend the order
  • This is not a simple process but failure to do so might result in arrears building up that could be enforced at some future date
  • We strongly advise against ignoring the situation. Gather your information, communicate and take legal advice

I am in court proceedings relating to financial matters. Should I consider adjourning and/or turning to other out of court processes? 

  • It’s important to remember that the courts are already under great pressure which has been exacerbated by the ongoing situation
  • This could be an appropriate time to arrange a process that brings your ex and both your lawyers round the “virtual” table to start a dialogue and mediation
  • Courts are very supportive of parties who wish to use non-court methods to resolve issues – your family lawyer will be able to advise on the various options and their pros and cons. They include Arbitration which will enable easier access to a “private Judge” to assist on any disagreement. In addition, when normality returns there will be a considerable backlog for the courts to resolve and access to arbitration will enable a resolution to be reached much quicker.

 Should court cases be adjourned until the crisis is over? 

  • If it is clear that the financial information that everyone has worked on will become – or already has become – obsolete. Consider adjourning any hearing until the position is clear. There is no point reaching agreement, or having a determination by a Judge, based upon inaccurate information. In Arbitration the private judge can adjourn the determination for a limited time to enable the situation to be reviewed.

What is the impact of the pandemic on all the financial information gathered to date such as business valuations, investments, incomes etc?

  • This will be different in every case. However, it is likely that any previous business valuation will now be potentially unreliable as the company may have been detrimentally affected by the economic fallout
  • As above, it is dangerous for decisions to be made based upon inaccurate information

The importance of parties remaining calm and sensible – and setting their differences aside to work together though this unprecedented period – cannot be understated.

Click here for more articles by Jones Myers Solicitors

About Norman Taylor

With four decades of experience relating to financial issues arising from family and relationship breakdown, Norman has extensive experience in medium to high value cases.

Norman is respected nationally and locally as an enthusiastic advocate of non-confrontational, solution-based resolution of family issues.

He has been recognised for his work in promoting, developing and championing collaborative law in Yorkshire.

www.jonesmyers.co.uk

 

Featured Main Photo by CDC on Unsplash

 

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Divorce and the Child Maintenance Calculator

Divorce and the Child Maintenance Calculator

Published on
Alan Larkin
Solicitor and Collaborative
Lawyer
Family Law Partners

Child maintenance is a key issue for many parents who are getting divorced or separating, as it relates to financial support towards a child’s everyday living costs, after two parents have separated.

Understandably this is a key concern for parents who are getting divorced or separating, as the welfare of their children is paramount and can stir up many emotions.

Child maintenance helps to cover important day to day costs for children such as food, clothing, housing costs, and other essentials.

It usually takes the form of regular amounts of money being paid to the parent who cares for the child most of the time. It is designed to make sure both parents contribute to the child’s upbringing when they live apart.

Under the laws relating to child support, the court is not able to make an order for child maintenance other than by consent (agreement). So, if the parent’s divorce or separation is amicable, and communication between the two parents is good, then some parents should be able to agree a sum for maintenance between themselves.

However, court orders by consent made as a result of a divorce are only binding for one year, after which point either parent can apply to have the amount reassessed by the Child Maintenance Service.

In the event that the relationship between the two parents has broken down and agreement can’t be reached about child maintenance (for example how much will be paid and how) a family law solicitor specialising in this area of law should be consulted.

How is Child Maintenance Calculated?

Child maintenance is calculated using a formula determined by the Child Maintenance Service and is based on numerous factors including:

    • a percentage of the non-resident parent’s income, depending on the number of children they have to support
    • the number of nights per week, averaged over a year, that the child or children stay with the paying parent, and
    • the number of children the paying parent has in their own household or if they are paying child support to more than one other parent

However, there are many variables that will determine how much should be paid and so parents who are getting divorced or separating (together with their family law solicitors) are encouraged to use an online calculator to work out the correct figure.

Child Maintenance Calculator

Family Law Partners created their own Child Maintenance Calculator because its family law experts felt there were problems with the Government’s own tool.

The Family Law Partners calculator helps parents who are separating or divorcing to work out their child maintenance calculation.  It has the following features:

    • Easy-capture, easy share – you can share the calculation easily with your co-parent
    • More accurate- it asks for more information that the CMS calculator and therefore gives a more accurate calculation for both parents
    • PDF export –  you can send the calculation directly to your own inbox, as well as to a third party such as your family lawyer or mediator
    • Mobile and tablet-friendly –  unlike the CMS calculator, it can be used across multiple devices

About Alan Larkin

Alan Larkin is the Director of Innovation & Technology at Family Law Partners, and a specialist in family law. He is a Resolution Accredited Specialist and Collaborative Lawyer.
He also works on AI applications for family lawyers in partnership with the University of Brighton and data analytics on the IBM platform Watson.

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How To Calculate Child Maintenance

How To Calculate Child Maintenance – Free Child Maintenance Calculator

Published on
Haroop Ahluwalia Divorce Solicitor Cordell & Cordell
Haroop Ahluwalia
Divorce Solicitor
Cordell & Cordell

According to research from parenting charity Gingerbread, the total amount of unpaid Child Maintenance stands at nearly £4 billion.

Organising Child Maintenance following a divorce or separation can seem like a daunting task. But with the right information at hand, you’ll feel confident setting the process up.

With that in mind, we’ve gathered all of the essential information you need to know about Child Maintenance and how to calculate how much is due.

The Importance of Child Maintenance

Child Maintenance helps to ensure your child’s welfare isn’t affected following the split from your partner. The weekly payment can be used for food, clothing, and general living costs for your child. Child Maintenance helps to alleviate any concern parents may have about how to care for their child after the separation.

How Do You Apply For Child Maintenance?

Before you submit your application for Child Maintenance with the Child Maintenance Service (CMS), it is advisable to talk to Child Maintenance Options (CMO).

They will talk through all of the available payment options and help you to identify the best one for you based on your circumstances.

After your payment method has been chosen, CMO will provide you with a reference number that you need in order to submit your Child Maintenance application. You will also need to provide information about your child, contact details for both parents and their bank details.

What Factors Are Taken Into Consideration?

A number of different factors are taken into consideration when Child Maintenance is calculated.

The CMS will ask you a series of questions to determine how much Child Maintenance is due. These include:

  • Your age
  • Your gross weekly income (This is prior to Tax and National Insurance deductions but post-pension contributions)
  • If you receive any benefits
  • How many children you will be paying Child Maintenance for
  • The number of other children that live with you
  • How often your child stays with you overnight

Calculating Child Maintenance

The process of calculating Child Maintenance doesn’t need to be daunting. Leading international family law firm Cordell & Cordell has created a Child Maintenance Calculator to give you an indication of what you or your ex-partner can expect to pay.

Free Child Maintenance CalculatorYour age can make a big difference to the application process. Parents younger than 16 are not eligible for Child Maintenance.

Your gross weekly income will determine which tax band the calculator places you in. However, as per Government legislation, it’s worth noting that there is an income cap of £3,000 per week. Any income over this amount will not be taken into account.

Benefits also have an impact on the amount of Child Maintenance due. If you receive certain benefits, you may be classed as ‘flat rate’ and be given the minimum amount to pay, or you may not be eligible at all.

The number of children you are paying Child Maintenance for is also taken into consideration. A reduction is then applied to the working figure based on the number of children.

A further percentage reduction is then applied if you are supporting other children in your household – for example, your new partner’s child.

The number of nights that your child stays overnight with you helps to determine the status of shared care with your ex-partner. The calculator will use all of the above data and estimate how much Child Maintenance is due per week.

The figure the calculator provides is an estimate so it’s advisable to refer to the CMS for more information.

What if a Payment is Missed?

If a payment is missed or not paid in full, the CMS is within its rights to obtain the money owed by a number of means.

These include:

  • Deductions from the paying parent’s salary
  • Money owed taken from the paying parent’s bank account
  • Instruction to bailiffs to collect goods from the paying parent’s home to the value of the money owed
  • Imprisonment

With the above consequences in mind it’s important to make sure that you or your ex-partner can keep up with the payments when applying for Child Maintenance.

It’s also equally important to inform HMRC and the CMS of any changes to your circumstances. Things that you can take for granted such as changes in salary increases or benefits you receive can have a major impact on the amount of Child Maintenance that should be paid.

Author Haroop

Haroop Ahluwalia is a London divorce solicitor at Cordell & Cordell.

He has significant experience in both property and family law. The opportunity to work closely with clients, guide them through each step of the divorce process and help level the playing field in the UK divorce courts is why he chose to practise family law exclusively.

You can contact Haroop on 0330 60 60 161 or by visiting http://cordellcordell.co.uk/.

 

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Single Parents Missing Out on Child Maintenance Payments Due to “Complicated Process”

Published on

child maintenance payments ukA new study from financial advisors PayPlan has revealed a surprising number of single parents in the UK are not receiving Child Maintenance despite being eligible for it.

The study revealed over a fifth of single parents (21.4%) are not receiving any child maintenance support even though they qualify for it, with 58.6% of respondents admitting they did not know if they were eligible for a statutory arrangement or not.

Based on the basic weekly rate of £41 a week which can be claimed for Child Maintenance, single parents could be missing out on £2132 a year.

The survey contained ten questions, asking single parents all about their experiences with the child maintenance system and their understandings of the process. It found there was a distinct lack of information available to single parents about the options available to them.

Only 23.8% of single parents surveyed found the current system both simple and easy to understand. Respondents disclosed that the process was “not worth the hassle” with some going far as to say “the process doesn’t work”.

The survey also found…

–  31.8% admitted the reason for not receiving statutory based support was because the process was too complicated

– 71% of single parents surveyed admitted they were struggling financially

– 73.8% of single parents had little to no knowledge of help available to them if they were struggling to make child maintenance payments

– 46.4% of men find the process too complicated in comparison to 26.6% of women

– 49.1% of 25 – 34s have a family based arrangement compared to just 26.4% of 45 – 55s, suggesting things get less amicable the later a split happens

PayPlan Money Advice Consultant, Jane Clack explained more about the survey findings and the actions taken in response by the financial advisor.

“The feedback from our survey clearly shows people are confused about the process of claiming child maintenance. With the public really feeling the pinch in their finances currently, not receiving a benefit you are clearly entitled to is unacceptable, especially for single parents.

 “We created our child maintenance hub for this very reason, we want to make the process as simple as possible and ensure the single parents are receiving everything they’re entitled to.”

You can take a look at the resource hub here – https://www.payplan.com/child-maintenance-resource-hub/

 

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child maintenance and child support

Child Maintenance and Child Contact: How some Parents are Adopting a ‘pay per view’ Attitude to their Children

Published on
Katie McCann
Katie McCann
Head of Family Law and in-house counsel at Kuits Solicitors

When a couple split up they are likely to have a tough and emotional time whilst coming to terms with the fact that their relationship is over.

For couples with children, this period is destined to be even more challenging, as they will also have to focus on making the necessary arrangements to ensure that their little ones adapt to the situation and have their needs catered for moving forward.

Decisions will need to be made, amongst other things, about how much contact the children will have with each parent, their living arrangements and what financial support will be given by way of child maintenance payments.

These topics can naturally be quite difficult to discuss and it is quite common for disagreements between the parents to arise.

The Child Maintenance Options online calculator is an excellent tool that allows parents to input the information relevant to their situation before generating the appropriate child maintenance figure that should be paid monthly.

When a child maintenance agreement cannot be reached between the parents, the Child Maintenance Service can act as an intermediary between them. The fees for using the government-led scheme include a £20 application fee, a 20% collection fee on top of the maintenance figure (to be paid by the paying parent), and a 4% enforcement fee which is deducted from the child maintenance. Such fees should ideally work to deter parents from using the service and instead they should attempt to reach such arrangements themselves.

As mentioned above, another significant agreement that must be reached is in relation to the children’s living arrangements and how much time they will spend with each parent.

Sometimes this can be simple to work out and children may split their time equally between two houses, or perhaps have one parent’s house as their base whilst going to stay with their other parent every other weekend. When such arrangements can be made amicably, it is hugely beneficial for the children involved. After all, suddenly having two homes can be a big enough change, without the children having to experience a sense of conflict when their parents cannot agree on an appropriate parenting plan.

Unfortunately, when child arrangements cannot be agreed following divorce and separation, it is often fathers who feel as though they are mistreated.

Although there is certainly no legal presumption that mothers should determine their children’s schedules, sadly this can often happen. Due to this there are several support and action groups who are fighting for a presumption of equal parental contact post-separation.

Whilst the above campaign is an extremely honourable one, care must be taken to ensure that the issue of parental contact is kept separate from other child-care issues.

child maintenance and child contact
Ensure that the issue of parental contact is kept separate from other child-care issues.

Unfortunately the opposite is encouraged by some support groups. By way of example, ‘New Father 4 Justice’ (which, importantly, should not be confused or affiliated with ‘Fathers 4 Justice’) claims that they strongly support the non-payment of child maintenance by those who are being denied access to their children.

There is no doubt that being refused child contact is one of the hardest and most excruciating things that could happen to a parent; however, the above attitude is extremely damaging. To actively encourage fathers who are not seeing their children to stop providing financially for them only serves to increase tensions at a time when they are, no doubt, already sky-high.

Aside from the fact that it will be to the children’s detriment if maintenance is not paid, it is also important to note that financial support – although it does not automatically entitle a parent to contact – is a legal duty. Contact and maintenance are two separate issues and therefore should not be merged together to encourage a ‘pay per view’ environment.

As explained on the Child Maintenance Options website, whilst it is certainly important (when safe) for both parents to have an active role in the children’s lives, it is important that access should not be used as a bargaining tool for negotiating child maintenance and vice versa.

If a parent is being refused contact to their children, they should continue to make child maintenance payments whilst trying to resolve the issue.

Although some parents may find making payments at such a time challenging, they should try and remember that the children’s welfare is the priority and it will be them who suffer if the maintenance is not paid. The suffering parent can then try and negotiate contact with their unwilling ex-partner, although sometimes this will not be possible.

In such a situation, mediation should be the next port of call.

Mediation is an extremely effective and reasonably inexpensive way of trying to sort such disagreements out – so much so, that attending a MIAM (mediation information meeting) is now a compulsory preliminary step for those wanting to issue court proceedings. At mediation, an independent third party will try to guide the parents to reach a child arrangement that they are both happy with.

If mediation is unsuccessful, an application to court can be made for a child arrangement order as a last resort. Naturally, court proceedings are expensive and, often, physically and emotionally stressful, and should be avoided if possible. Unfortunately however, in some circumstances, court will be the only option and a judge will make a decision in the children’s best interests.

Whichever method is used to try to arrange child contact, parents must remember to stay focused on the children and remember that withholding maintenance payments will only negatively impact the children that they care so much about. It is also worth remembering that, by continuing to pay maintenance whilst being refused child contact, parents are showing their ex-partners that they are willing to do the right thing all of the time – not just when things go their way.

Katie McCann is head of family law and in-house counsel at Kuits Solicitors in Manchester City Centre. She has a special interest in resolving high value relationship breakdown disputes.

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not paying child maintenance
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Not Paying Child Maintenance? Then Read this.

Published on
Karim Assad
Karim Assad
Divorce Solicitor
Cordell & Cordell

If a parent fails to pay child maintenance he can be sanctioned (punished) by the Court in many ways and those are often sanctions with far reaching consequences.

On the  making by the Magistrates Court of a liability order for the sum not paid in child maintenance, the options available for enforcement include:

  • Deductions from earnings order. This is where a persons employer will be ordered to deduct a certain amount automatically from the employees salary and those amounts will be paid directly to the Child Support Agency
  • Deductions from paid benefits
  • Disqualification from driving
  • Imprisonment
  • Sale of Property
  • And even, in some circumstances, taking arrears from the estate of a person who has died.

This is a very serious matter. If men find themselves unable to pay their support, they must ask for a detailed breakdown of the calculation arrived at by the CSA or ultimately by the Court if enforcement proceedings have commenced.

An application can be made, just like with any other debt for instalment orders and it is entirely possible for there to be an application made to downward vary the amount being enforced, if certain circumstances have either been ignored or overlooked by the CSA which would have a material affect on the sums payable.

Oral agreements need to be filed with the Court and made an order, or they mean very little.

In summary, men need to pay what the order says, or get the order changed.

Karim Assaad is a London divorce solicitor at Cordell & Cordell. He has a wealth of knowledge and experience practicing family law, owning a proven record of providing indispensable advice to clients and delivering positive outcomes for them.

Click here for the Child Maintenance Calculator

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Child maintenance uk
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What Fathers Need to Know About Child Maintenance UK

Published on
Karim Assad
Karim Assad
Divorce Solicitor
Cordell & Cordell

Whatever stage of the divorce process you are at, one thing remains the same: as a parent your children always come first. So it is very important to familiarise yourself with how you can help support them emotionally, but also financially.

Here we take a look at fathers’ rights regarding child maintenance UK.

About Child Maintenance UK

Also known as child support, this refers to the amount of money you are responsible for contributing to your child’s upbringing. Child maintenance is paid to the person that takes care of the child on a day-to-day basis.

How much you pay depends on whether the child lives with you and how often they stay with you overnight. Family law assigns a title to each parent: the parent with care (PWC) and the non-resident parent (NRP).

If you have a dispute about whom your child or children should live with, this must be resolved in a family court. If equal child arrangements are granted, each parent is still assigned the aforementioned title of PWC or NRP. The non-resident parent is responsible for providing child maintenance for their child. This can be paid directly to your ex-partner or a third party living with the child or guardian.

What Are Your Rights as a Father?

Women gain automatic responsibility for their child when they give birth. For men it isn’t as straightforward.

You have rights as the father of your child if:

  • You and the child’s mother are married.
  • Your child was born after 1st December 2003 and you are cited as the child’s father on the birth certificate.
  • Your name was later added to the birth certificate as the father.
  • You previously signed a Parental Responsibility Agreement.
  • You have been granted parental responsibility or an Order of Residency by a Magistrate, a Justice of the Peace or the Family Court.

Arranging Child Maintenance Outside of a Demand by the Child Support Agency

What Fathers Need to Know About Child Maintenance uk
Know your rights about Child Maintenance UK

If you and your partner still have an amicable relationship, it may be worth arranging your child maintenance out of court. This private agreement is classed as a ‘family-based arrangement’. It’s imperative that both you and your ex-partner make a copy of the signed document. This way you can come back to the agreement if a payment dispute is raised.

However, the private option isn’t for everyone. If you can’t come to an agreement, it is best to go through the formal route with the Child Maintenance Service (CMS).

How to Apply for Child Maintenance

It’s worth talking to Child Maintenance Options before you submit your application with the CMS. They will discuss the different choices available and help find the right one for you and your ex-partner.

The child maintenance can be paid to the parent responsible for caring for the child on a regular basis. This option is known as Direct Pay.

It’s also possible to pay the child maintenance directly to the CMS, who will then pass this on to the parent taking care of the child on a day-to-day basis. Unlike Child Maintenance Options, CMS is a paid service.

Calculating Child Maintenance

Family finances can be a challenge at the best of times, so it can be difficult to calculate how much child maintenance needs to be paid following a divorce.

That’s where the CMS can help. With financial information provided by both parents, they can determine how much child maintenance is due. The CMS may also draw information from other sources, like current employers and HMRC.

For more information on how child maintenance is calculated, visit the Child Maintenance Service site.

Failing to Make Payments

It’s important to make sure that you can keep up the regular child maintenance payments. A failure to make payments is likely to have an impact on your child’s welfare. The CMS may take the following steps to retrieve the unpaid funds:

  • Deduct money from your salary, benefits or bank account
  • Instruct bailiffs to remove goods from your home to the value of the amount owed (England and Scotland)
  • Revoke your driver’s licence
  • Imprisonment

 

Karim Assaad is a London divorce solicitor at Cordell & Cordell. He has a wealth of knowledge and experience practicing family law, owning a proven record of providing indispensable advice to clients and delivering positive outcomes for them.

You can contact Karim on 0330 60 60 161 or by visiting http://cordellcordell.co.uk/.

 

Child Maintenance UK Number – 0800 028 7439

Child Support Agency UK – www.gov.uk/child-maintenance/overview

 

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Divorce & Disabled Children: Why a Child’s Needs are Paramount
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Divorce & Disabled Children: Why a Child’s Needs are Paramount

Published on
Sarah Whitelegge
Sarah Whitelegge
Legal Director
Myerson Solicitors

Why a child’s needs are the paramount consideration on divorce

On divorce, the court will consider a list of factors under section 25 of the Matrimonial Causes Act 1973 when deciding how assets are to be divided.

Section 25 (1) provides that the court must give first consideration to the welfare of a child of the family who has not attained the age of 18.

The Matrimonial Causes Act 1973, Section 52 (1) defines a child of the family as:

  • A child of both parties; and
  • Any other child who has been treated by both parties to a marriage as a child of their family (not including a foster child placed with the parties as foster parents by the local authority or voluntary agency).

The court will have regard to the child’s housing and day to day income needs and such needs may take on a greater significance in comparison with the other factors to which the court must have regard to in cases where the assets and means of the parties are limited.

Factors the court will consider

The court must have regard to all the circumstances of the case and will look at all the relevant issues that are not specifically address in the Matrimonial Causes At 1973 Section 25(2) checklist.

 The Section 25 factors considered by the court on financial provision include the following:

  • The income, earning capacity and other financial resources each party has or is likely to have in the foreseeable future.
  • The financial needs, obligations and responsibilities each party has or is likely to have.
  • The standard of living enjoyed by the family before the breakdown of the marriage.
  • The age of each party and the duration of the marriage.
  • Any physical or mental disability of either party.
  • The contributions each party has made or is likely to make to the welfare of the family.
  • The conduct of each party.

The weight given to each factor depends on the particular facts and circumstances of each case. The objective is to achieve a fair outcome. An equal division of the marital assets may be appropriate where there is sufficient capital to house both parents. In cases where the assets are more limited, the needs of the child may override issues of equal sharing.

Dividing assets in a divorce is rarely straightforward but when a child has significant physical or learning disability, the question of housing is important. If the family home has been adapted with ramps, hoists, widened doorways or sensory safe spaces, it may be impractical ad unsafe to move a child to a new property that is not set up to meet the needs of the child.

Consideration will need to be given as to whether the adapted property should remain with the parent who is the primary carer.

The court will consider expenses associated with the child’s accommodation and basic expenses such as the cost of food and clothing. The court will also have regard to the standard of living of the family and all the circumstances of the case, including how the children are educated.

Section 25(2) above refers to the financial needs, obligations and responsibilities each parent has in relation to a child, but these responsibilities will not disappear when a child turns 18 particularly if a child has lifelong needs.

If a child has a disability, this may constitute special circumstances that may allow a financial provision order to be made that extends beyond their 18th birthday. Additionally, the court may make a maintenance order to meet expenses attributable to the child’s disability provided the criteria set out in CSA 1991, Section 8 (8) are fulfilled.

The court will wish to ensure that adequate provision is made for children with a disability and it may consider making periodical payments order or lump sum order to meet capital expenditure if, for example, any special equipment is required.

Child support for children with special needs

The court has jurisdiction to make orders for maintenance in respect of a child with special needs, notwithstanding the general restrictions upon making periodical payments for the benefit of a child who falls within the jurisdiction of the Child Maintenance Service. The court can make these orders regardless of whether an application for a maintenance calculation has been made.

Nesting arrangements

If separated parents feel that it will be of benefit to their child to provide some consistency, consideration may be given to a nesting arrangement. This involves separated parents taking it in turns to look after their children in the family home while the other parent temporarily lives elsewhere. This means that the child can stay in one home while parents rotate in and out of that home.

For a disabled child, this can be a helpful arrangement as it avoids moving equipment that the child may need and ensures the child remains in a familiar adapted space.

However, what may suit the child’s welfare may not be financially sustainable for the parents long-term and nesting may be a temporary measure rather than a permanent solution.

Planning for transition

Many parents of disabled children will find that support that was available through children’s services may fall away and for separated parents in divorce proceedings this presents an added dimension: financial settlements and child maintenance orders often assume that support for children ends at adulthood, but for many young disabled people their needs remain lifelong.

The Care Act 2014 provides when the local authority has carried out an assessment, information should be provided about whether the young person or child’s acer is likely to have eligible needs for care and support when they turn 18.

The Care Act 2014 sets out when the local authority has a responsibility to meet someone’s care and support needs. The act gives local authorities a legal responsibility to provide a care and support plan (or a support plan in the case of a carer). The personal budget must be included in the plan, and this adds to a person right to ask for a direct payment to meet some or all their needs.

The Children and Families Act creates a birth to 25 years Education, Health and Care Plan for children and young people with special educational needs and offers families personal budgets so that they have control over the type of support they receive.

Practical tips for separating parents of disabled children

On separation it is important to consider the following questions:

  • Should child maintenance or financial provision extend beyond 18 where a disabled young adult cannot support themselves
  • Can any settlement include provision for long-term care, sometimes structured through a trust
  • How should parents balance their own retirement planning against the knowledge that their child may always need financial and practical support

Read more articles by Sarah Whitelegge.

Read more articles by Myerson Solicitors.

About Sarah Whitelegge

Sarah Whitelegge is a Legal Director at Myerson Solicitors, Altrincham, Cheshire. She advises on a wide range of family matters including divorce, dissolution of civil partnerships, financial settlements, separation, co-habitation, pre and postnuptial agreements, disputes regarding children and domestic violence.

She is particularly experienced in matters concerning complex children matters and has experience of dealing with applications for child arrangement orders, prohibited steps orders, specific issue orders, and special guardianship orders.

She has significant advocacy experience, having regularly appeared in the Family Courts representing clients in relation to private law children matters, financial order proceedings and domestic violence matters.

Sarah is a committed member of Resolution and has achieved specialist accreditation in private children law and domestic violence.

For more information about Myerson Solicitors and its Family Team, visit: https://www.myerson.co.uk/personal/family-law

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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families
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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families

Published on
Joe Ferguson
Joe Ferguson
Family Law Solicitor
Myerson Solicitors

The end of a relationship is never easy, but for LGBTQ+ couples, navigating the legal and emotional aspects of separation can come with distinct challenges. For LGBTQ+ families knowing your rights is vital – particularly if your family has been formed through surrogacy, adoption or other routes that can carry additional legal considerations.

In this article, we explore how separation works for same-sex and LGBTQ+ couples, how financial matters are resolved, and what options are available when children are involved.

Ending the relationship: divorce and civil partnership dissolution

LGBTQ+ couples have had the legal right to marry since 2013 in England and Wales, and civil partnerships continue to be recognised. Both marriage and civil partnerships can be formally ended through the family court – divorce or dissolution, respectively – and the process is now based on a no-fault system. This means that neither party needs to prove wrongdoing for the legal process to begin.

Whether it is a divorce or a dissolution the procedure is the same: an initial application, followed by a conditional order, and finally, a final order to formally end the marriage or civil partnership.

But while the legal framework is the same for all couples, LGBTQ+ individuals may face different questions when it comes to resolving finances and parenting arrangements, particularly when their relationship pre-dated legal recognition.

Financial matters: reaching a fair outcome

Financial settlements can be one of the most emotive and difficult topics to brooch following separation. Like opposite-sex couples, same-sex spouses and civil partners are entitled to a full range of financial remedies. These can include:

  • Lump sum payments
  • Spousal maintenance
  • Property transfers or sales
  • Pension orders
  • A clean break, ending future financial ties

The court will assess the financial resources, needs and contributions of each party amongst other factors, and aims to reach an outcome that is fair and meets the needs of the parties and any children involved.

However, there can be added complexity when considering assets that were acquired before marriage – especially for couples who lived together for many years. Determining whether these assets are “marital” or “non-marital” can become a key issue, particularly where significant property, pensions or savings are involved. Cohabitation alone does not automatically give rise to legal rights, though it is typically taken into account that any period of seamless cohabitation prior to the date of the marriage or civil partnership when determining the length of the marriage. Accordingly, timelines and clear evidence of cohabitation is often required. It should be noted of course that many LGBTQ+ couples were unable to enter into marriage or civil partnership previously owing to the lack of provision within the law for them. Accordingly, these arguments can be important as evidence of the enduring relationship between the parties. 

Children: supporting parenthood in all its forms

For LGBTQ+ families, parenting often involves a range of routes – from adoption and surrogacy to donor conception. These arrangements can create additional legal considerations during a separation.

The starting point is to establish parental responsibility: the legal authority to make decisions about a child’s health, education, and welfare. Biological and adoptive parents usually have parental responsibility automatically, but others (such as non-birth parents in a surrogacy arrangement) may need to apply for parental orders, declarations of parentage or child arrangements orders. 

If both parents are legally recognised, they may choose to agree parenting arrangements voluntarily. Options include:

  • Mediation: This process can help couples reach agreement on how children will be cared for, where they will live, and how contact will work. Mediation is not legally binding but can lead to a more amicable, cost-effective solution.
  • Collaborative law: This process enables separating couples to work together with trained professionals to resolve disputes without going to court. Everyone agrees to work together as a team to resolve disputes without going to court. 
  • Negotiation: working with solicitors, with the benefit of independent legal advice, to work out what would be best for their family, avoiding costly and potentially acrimonious court proceedings.

If agreement cannot be reached, the family court can make a Child Arrangement Order which is legally binding and sets out the child’s living and contact arrangements. The court’s priority is always the child’s welfare.

Planning ahead for a smoother separation

While the legal system provides equality on paper, LGBTQ+ families may still encounter unique issues when relationships end. The reality is that the law in this area is continues to evolve but has not caught up to the social realities of life as an LGBTQ+ person and the unique family dynamics which are increasingly commonplace. The key to navigating these challenges is early advice and a tailored, bespoke approach that reflects the structure of your family, the history of your relationship, and the complexities involved.

If you are an LGBTQ+ individual facing the challenges associated with separation and need assistance, the team at Myerson Solicitors are here to support you with clarity, empathy and practical expertise.

Read more articles by Myerson Solicitors.

About Joe Ferguson

Joe Ferguson is a solicitor in the Family Law team at Myerson Solicitors. He specialises in divorce, financial remedy proceedings, and complex children matters, with particular expertise in supporting LGBTQ+ clients through family law issues with sensitivity and pragmatism.

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5 Tips for Managing Your Child's Expenses Post Divorce
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5 Tips for Managing Your Child’s Expenses Post Divorce

Published on
Zarira Love
Zarira Love
Writer / Researcher
Custody X Change

Divorce leads to major changes in your finances. You might pay thousands for solicitor and court fees. With one income leaving your home, you’ll likely incur new expenses like child care if a parent will no longer be at home to care for the children.

While your ex should shoulder some of the burden for the cost of raising your child, it might fall mostly on you if you provide the child’s primary residence.

It’s a lot to take on, but if you’re proactive, you can manage.

Tip #1: Create a monthly budget

A budget can help you stay within your means and figure out where you need to cut corners.

As you prepare for divorce, make a categorised list of all your bills (e.g., housing, electricity) and expected expenses (e.g., food, petrol), along with how much you expect to spend in each category.

While bills are straightforward, it can be a bit tricky to estimate expenses. Look at receipts, bank statements and other proofs of payment to help you figure out your average expenses. Keep in mind, this amount might vary month to month. The goal is to figure out how much you spend on average so you don’t spend more than you make.

You could do separate accounting for your child’s expenses (a sound idea if the other parent is expected to pay a portion) or keep it all together. Example expenses you might incur because of your child include:

  • Schooling (e.g., uniforms, tutoring, supplies)
  • Transport
  • Communications (e.g., TV, internet, mobile phone)
  • Clothing and footwear
  • Extra-curriculars
  • Recreation (e.g., eating out, going to concerts)
  • Child care
  • Medicine
  • Personal care

Add up your bills and expenses to get your total monthly spending.

Next, add up your earnings from work and other sources, like spousal or child maintenance if you’re receiving payments.

Subtract total bills and expenses from your earnings. You could allocate a portion of your residuals to savings. Include this in your budget as well.

If you’re left with zero or less, find ways to adjust your budget to suit your income. Your child might have a piano lesson once a week rather than twice. You might unsubscribe from a streaming service.

Keep track of your monthly spending to make sure you’re sticking to your budget. If you’re looking for a template for your budget, there are budget worksheets available online or you can create a spreadsheet. There are also finance apps that help you stay on top of spending.

Tip #2: Make a plan for shared co-parenting expenses

Co-parents often argue about how to sort out costs related to the children.

A good way to lessen headaches is to make a list of co-parenting shared expenses. Discuss with your co-parent how you’ll split each expense or whether one parent will cover the full cost.

You might split everything equally or split in relation to each parent’s income. You could keep track of these expenses and invoice one another for reimbursement at the end of the month.

Tip #3: Prioritise needs over wants

In the aftermath of divorce, you’ll feel some guilt that makes you want to spoil your kids.

It’s tough not being able to get your child everything they want. However, if you spoil them, they’ll expect that treatment all the time, which may not be possible with your budget.

Budget for gifts, entertainment and recreation last so they don’t get in the way of paying bills and buying necessities.

Tip #4: Teach your children financial responsibility

Help your children learn the value of money so their expectations become a bit more realistic.

One way to teach your children financial literacy is to give them pocket money. Assign chores for them to do to earn their money so they gain understanding of the work you put in to provide for them.

When your child asks for something pricey, encourage them to save up a portion of their pocket money until they can afford it so they learn the importance and benefits of saving.

If your child is mature enough, you could allow them to have their own bank account and debit card.

Tip #5: Seek help when needed

Newly divorced parents often feel the need to prove they can go it alone. While learning self-reliance is essential to moving on, there’s nothing wrong with getting help to benefit your child.

Professionals like financial advisers assist your transition to post-divorce life by advising you on your spending and how to save more. Plus, government resources are available. Reach out to family and friends for support as well. They can be especially important when it comes to saving on child care costs.

Read more articles by Zarira Love.

Read more articles by Custody X Change.

About Zarira Love

Zarira Love has been researching and writing articles about child custody and parenting for nearly six years. She currently resides in New York City.

Zarira is a Writer / Researcher for Custody X Change.

About Custody X Change: This powerful tool helps divorced and single parents create parenting plans, track their custody schedules, manage expenses and more. Since 2005, we’ve helped over 60,000 parents ensure the best possible future for their children.

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A Guide to Spousal Maintenance
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A Guide to Spousal Maintenance

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

This blog serves as a practical and informative guide to spousal maintenance in divorce settlements. It clarifies what spousal maintenance is, who may be eligible, how payments are determined, and key considerations when negotiating or contesting maintenance. Keep reading to find out more.

What is Spousal Maintenance?

Spousal maintenance, sometimes mistakenly called alimony, is financial support paid by one spouse to the other following a divorce or separation. Its purpose is to provide financial assistance to the lower-income spouse, ensuring they can maintain a standard of living similar to that enjoyed during the marriage. Unlike child maintenance, which is specifically for the support of children, this kind of support focusses on the financial needs of the ex-spouse. It is often seen as support for the partner receiving it as financial assistance to allow them to adjust to single living.

Who Qualifies for Spousal Maintenance?

Eligibility for spousal maintenance depends on several key considerations by the court:

  • Income Disparity: The court examines the difference in income and earning capacity between the spouses.
  • Length of Marriage: Longer marriages are more likely to result in spousal maintenance awards, especially as above where one partner needs time to adjust maybe for example having a period of time to look for work.
  • Childcare Responsibilities: If one spouse is responsible for the care of young children, this may influence the award but must always recognise that this is entirely separate from child maintenance, but it does sometimes get merged by the courts and practitioners.

Each case is unique, and the court’s decision is based on the specific circumstances of the divorcing couple. At Fair Result, we use our experience in divorce financial settlements and negotiating to assist you in this aspect of your overall financial settlement and remember we operate on fixed fee divorce services.

How Payments Are Determined

Several factors influence the determination of spousal maintenance payments:

  • Financial Needs and Resources: The court assesses the financial needs of the lower-income spouse and the resources available to both parties.
  • Standard of Living: The standard of living during the marriage is considered to ensure fairness.
  • Age and Health: The age and health of both spouses can impact the duration and amount of maintenance.

Payments can be structured as either a lump sum referred to as a capitalised lump sum or ongoing periodic payments. The duration of payments varies and may be fixed term or open-ended. However, the consent order would need to allow for extendable spousal maintenance, and this again is where Fair Results negotiating skills would be utilised for you.  It is also necessary to understand capitalised lump sum payments are reduced in financial value as against monthly payments, to reflect the fact the recipient is getting all the spousal maintenance payments in one lump sum. They can then invest this over time or utilise it immediately to help with for example the purchase of a new home.

Common Misconceptions

There are several misconceptions about spousal maintenance that need addressing:

  • Maintenance is Guaranteed: Spousal maintenance is not automatically awarded in every divorce case; it depends on the specific circumstances.
  • Men Never Receive Spousal Support: Although less common, men can and do receive spousal maintenance if they are the lower-income spouse.

Can Spousal Maintenance be Changed or Stopped?

Spousal maintenance arrangements can be reviewed and changed under certain conditions:

  • Reviews and Reductions: Maintenance orders can be reviewed periodically, and changes in financial circumstances can lead to adjustments if the circumstances are deemed necessary and the original order allowed for review at a particular time.
  • Impact of Remarriage or Cohabitation: If the recipient spouse remarries or cohabits with a new partner, maintenance payments may be reduced or stopped.

Negotiation Tips

Successful negotiation requires professional advice and careful planning:

  • Seek expert advice from family law professionals, such as those at Fair Result.
  • Be realistic about financial needs and future earning capacity.
  • Consider the long-term implications of the maintenance arrangement.

Fair Result offers fixed-fee divorce services to help you navigate the complexities of spousal maintenance and achieve a fair financial settlement.

If you need expert advice on financial settlements and spousal maintenance, get in touch with Fair Result. Our fixed-fee services ensure you have the support and guidance you need through your divorce. Visit https://fair-result.co.uk/ for a free no obligation discussion to see how our team can help you negotiate your UK divorce law spousal support.

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

Email peter@fair-result.co.uk or chris@fair-result.co.uk

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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