Child maintenance is a financial contribution from one parent to the other towards the costs of raising their children this is typically paid by a non-resident parent to the resident parent IE the parent the child lives with
How Is Child Maintenance Calculated?
The amount of chop ancient sense is calculated based on several factors including:
- Both parents’ income – this is the primary factor in determining the amount of child maintenance.
- The number of children and their age- the more children the higher the potential maintenance amount.
- The children’s living arrangements whether the children live with one parent full time, alternate weeks or other arrangements.
- Both parent’s living costs, in particular the non resident parent’s as these are considered to ensure the non-resident parent can still meet their own basic needs.
How Can I Calculate Child Maintenance?
There are several ways to calculate child maintenance:
- Child maintenance service (CMS) – the CMS is a government agency that can help calculated can collect child maintenance you can use their online calculator or contact them directly for assistance.
- Private agreement – parents can seek agree on a child maintenance arrangement themselves, however it is advisable to seek legal advice to ensure the agreement is fair and enforceable.
- Court order – if parents cannot agree on a child maintenance arrangement they can apply to the court for a child maintenance order the court will then determine the appropriate amount based on the factors outlined above.
What Are My Rights And Responsibilities?
- Rights:
– You have the right to apply for a child maintenance through the CMS or the court.
– You have the right to receive accurate and timely payments.
– You have the right to seek legal advice and representation. - Responsibilities:
– If you are a non-resident parent you are responsible for making child maintenance payments.
– You are responsible for providing accurate information about your income and living expenses.
Important Considerations
- Change in circumstances: Child maintenance arrangements can be changed over time due to changes in income living arrangements or the child(ren)’s needs.
- Enforcement: if a parent fails to make child maintenance payments you can take steps to enforce the payment through this CMS or the court.
- Legal Advice: seeking legal advice from a family law solicitor is crucial to understand your rights and options regarding child maintenance.
For further information and tailored advice please consult with one of O’Hara Solicitors family law solicitors, where we can assist you with all aspects of the child maintenance including:
- Calculating child maintenance
- Applying for child maintenance through CMS
- Negotiating and drafting child maintenance agreements
- Enforcing child maintenance payments
- Advising us on any changes to the child
To book your initial consultation with us now click here.
Please note: This information is based on general principles of UK family law. The specific rules and procedures may vary depending on individual circumstances.