- 0208 882 9850
Financial Support for Children
All parents have a responsibility to provide financial support for their children, even if they live apart from them. There are a range of different options available for achieving this. Our child support solicitors can provide you with essential advice and support from the outset to help you understand this complex area of law.
The Child Maintenance Service (CMS)
All parents, whether married or not, have the choice of setting up a child maintenance arrangement through a private agreement. The alternative is to seek help from the CMS which is the statutory child maintenance service and has now replaced The Child Support Agency (CSA). The CSA will continue to deal with cases opened prior to the 25th November 2013.
There is a £20 fee when registering with the CMS in most cases. If the CMS is asked to collect money from the non-resident parent and pay it to the resident parent, the non-resident parent will pay an extra 20% on top of what they would have otherwise paid. The resident parent will also have the amount they receive reduced by 4%.
Applications to court for financial assistance for children can now only be made in limited circumstances, set out further below. For most parents, where agreement is not possible, the assessment, collection and enforcement of child maintenance will be dealt with by the CMS.
How Child Support is calculated
The Gross Income Scheme
Child support is calculated by reference to the non-resident parent’s gross weekly income. The gross income figure is used to calculate an award using the following formulas:-
For gross income of less than £7 per week
If the non-resident parent’s gross weekly income is less than £7 per week, the nil rate applies and the non-resident parent have no child maintenance liability.
For gross income of between £7 per week and £100 per week or receives benefits
If the non-resident parent’s gross weekly income is between £7 and £100 per week or they receive certain benefits, their child maintenance liability is calculated at a flat rate of £7 per week.
For gross income of between £100 and £200 per week
If the non-resident parent’s gross weekly income is more than £100 per week but less than £200 per week, the non-resident parent must pay:-
Where there is one child:
A standard amount of £7 for the first £100 of their gross weekly income; and
17% of their gross weekly income over £100.
Where there are two children:
A standard amount of £7 for the first £100 of their gross weekly income; and
25% of their gross weekly income over £100.
Where there are three or more children:
A standard amount of £7 for the first £100 of their gross weekly income; and
31% of their gross weekly income over £100.
For gross income of between £200 and £800 per week
If the non-resident parent’s gross weekly income is more than £200 per week but less than £800 per week, the non-resident parent must pay:-
Where there is one child, 12% of their gross weekly income;
Where there are two children, 16% of their gross weekly income; and
Where there are three or more children, 19% of their gross weekly income.
For gross income of between £800 and £3,000 per week
If the non-resident parent’s gross weekly income is more than £800 but less than £3,000 per week, the non-resident parent must pay:-
Where there is one child:-
12% of their gross weekly income up to £800; and
9% of their gross weekly income between £800 and £3,000.
Where there are two children:-
16% of their gross weekly income up to £800; and
12% of their gross weekly income between £800 and £3,000.
Where there are three or more children:-
19% of their gross weekly income up to £800; and
15% of their gross weekly income between £800 and £3,000.
The CMS can apply the formula to gross income of up to £156,000. If a non-resident parent’s income exceeds this then it may be possible to apply to the court for a top up.
If the non-resident parent has another child living with them, then a deduction is made to the non-resident parent’s income before the formula is applied. There are also adjustments to the award if children stay overnight with the non-resident parent for over 52 nights per year.
Where Paternity is in Dispute
Paternity disputes can often arise in response to a request for child maintenance. The CMS can only make an assessment against a biological or adoptive parent. In response to a challenge to paternity, the CMS can arrange DNA testing, although there can be costs implications to the non-resident parent. If the CMS decline to get involved we can assist you with arranging private testing or making the appropriate application to court for a declaration of parentage. Please see our Paternity Disputes page for further information.
If you have been a known sperm donor involved in donor conception, we can also advise you in connection with your obligations to pay child support. Please see our Fertility page for further information.
Varying, Reviewing and Appealing an Assessment
If you think that the CMS has got it wrong, there are a number of different options available. There are tight timescales to respond to a child support assessment so it is important to contact us quickly to seek help.
A variation application can be made by either parent, to ask the CMS to look at the figures differently. There are many grounds for a variation application. If you are a parent with care, you may be concerned that the assessment ignores the non-resident parent’s true wealth. If you are the non-resident parent, you may be concerned that the assessment ignores the debt you are carrying from the breakup or the contact travel costs you are incurring. This is a non-exhaustive list.
A review can be sought if new information has come to light or if there is a change to the non-resident parent’s financial circumstances, such as the birth of a new child.
If the CMS decline to vary or review the assessment, it may be possible to appeal the decision to the Appeals Tribunal.
How We Can Help
We can help you work out an appropriate level of child maintenance by agreement and if that is not possible we can advise you on the child support assessment. We can put together a variation or review application and draft your appeal to the tribunal. We can represent you at the tribunal hearing. Our approach is flexible and can be tailored to suit your requirements, we can provide advice and support consultations to individuals wishing to deal with the CMS in person.
Applications to Court for Financial Support
Child Maintenance
Applications to court for child maintenance can still be made where the application for support is brought against a step-parent, or if the non-resident parents is living abroad. Where the non-resident parent is assessed under the gross income scheme, it is possible to apply to the court to top up an assessment made by the CMS where the non-resident parent’s income exceeds the CMS maximum of £156,000. If a child is over 16 and has completed secondary education, an application for maintenance can be made to help support a child through tertiary education.
Unlike the CMS the court does not operate to a specified formula but will consider a range of factors including the resources available and the needs of the child.
School Fees and Medical Expenses
The court can deal with applications for payment of school fees and associated expenses. In some cases it may be necessary to consider whether or not it was the parents’ intention that their children would be privately educated. The court can make a school fees order or alternatively set aside a sum of capital if available.
The court can also order payment towards specific medical expenses for example associated with caring for a disabled child.
Lump Sums and Property Orders for Children
The court also retains power to settle lump sums and property for the benefit of children. These applications can often be useful for cohabiting/unmarried couples going through where the parent with care of the children would otherwise have no remedy available directly for assistance with housing needs. Please see our page dedicated to the remedies available for cohabitation/unmarried couples – separation
Why We Are Different
We understand that your case is unique. From the very first meeting and throughout your case, we will discuss and agree how we can best support you and protect your interests.
Whether you need advice to enable you to work out arrangements with your partner directly, or support and guidance through a process of mediation, or whether you require us to conduct negotiations on your behalf or represent you at court, our approach is tailored to best suit your needs.
Our ethos is to resolve issues in a non-confrontational manner where possible, whilst accepting that there are occasions where a more robust approach is necessary to protect your interests.
We will do everything we can to find the solution that works for you and your family
Your Next Step
Request a call back Send us an e-mail
For more information, call us today on 0208 882 9850