Child maintenance and custody
Child Maintenance
How much child maintenance should be paid can be a complicated area. The Child Maintenance Service (‘CMS’, previously the Child Support Agency or CSA) has a formula for maintenance in the UK based on the paying parent’s income. The formula is set and can be difficult to navigate, especially where the paying parent is self-employed or their income is not straight forward. It is also capped so that the maximum income of the paying parent which can be taken into account for child maintenance is £156,000 per year before tax.
However the CMS can only set the child support where the children and the paying parent live in the UK. If the CMS cannot make a calculation for maintenance then the court may make an order, depending on where the children are located.
There is a separate ability to apply to the court for capital sums from a parent for the benefit of children during their minority. If the paying parent’s income is higher than the £156,000 CMS cap, it is also possible to apply to the court for additional or top up maintenance.
Try our relationship breakdown tool
Our Parting Ways tool is a great first step in guiding you through the legalities of a relationship breakdown. If your marriage, civil partnership or co-habiting relationship has broken down irreparably, our free easy-to-use tool provides an overview of what you need to consider from a legal perspective. It also provides guidance if you are already divorced or have dissolved your civil partnership and have not yet agreed childcare arrangements.
It takes a few minutes to complete and you will receive a guide tailored to your responses. You will not be asked for any personal information unless you decide you would like to speak with one of our solicitors.
Child Custody and Child Arrangements
Where children will live is often a key aspect, if not the most important aspect to many parents which needs to be resolved following separation or divorce. Many people think of this as custody or access to the children. The court in England and Wales refers to this as Child Arrangements and if the court is asked to intervene then it will set out the children’s time with each parent in a child arrangement order (previously ‘contact order’ and ‘residence order’).
You may wish to have a joint parenting arrangement, or what many people call joint custody. This is where the children have a home with each parent and their time with each parent is determined in the children’s best interests, in potentially any routine which works for your family.
It is also possible to obtain court orders determining issues such as schooling, religious upbringing or changing a child’s name – called specific issue orders – and to prevent certain actions for example to prevent a relocation – called prohibited steps orders.
Where step-parents or same sex couples wish to share parental responsibility of children they often think that the only route is via adoption. However it can be possible to deal with parental responsibility on a formal legal basis with an agreement or parental responsibility order. If you wish to discuss your situation please do feel free to contact us.
Where child protection issues arise, including domestic violence or the risk of child abduction then it is important that you seek urgent and professional legal advice.
Surrogacy
When the child is born English law assumes the surrogate mother to be the legal mother of the child and the intended parents gain parental rights by asking the court to make a Parental Order. This order also ends the surrogate mother’s parental rights. A Parental Order can only be made after the child is born and once he or she is living with the intended parents. They must apply for the order within 6 months of the date of birth.
We can also act for families following an international divorce where there are disputes about custody, visitation, maintenance or even re-location. We also help with cases where a child has been taken abroad without the other parent’s consent.
Contact our family law team
If you need legal advice on any aspect of children law, contact us to speak to one of our family law solicitors.
Call us now on 0800 422 0123 or contact us online.
