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Child Maintenance

When the Government introduced the Child Support Agency in the early 1990s in a bid to ensure absent parents financially supported their children, the courts lost their powers to deal with maintenance for children.

The courts can now only make maintenance orders for children in a limited number of cases. These are:

  • Where the parents both apply to the court for an order by consent.
  • Where a child is in full-time education and there are school fees to pay.
  • Where a child is undergoing vocational training or an apprenticeship and there are expenses to pay.
  • Where a child is disabled and there are care costs.
  • Where the other parent lives abroad on a permanent basis.

In cases where the parties have agreed not to divorce just yet, but to enter into a formal, written separation agreement, child maintenance can be incorporated into this and the terms and provisions of that agreement can be converted into a Consent Order in a subsequent divorce.

How much financial support will the children get?
The amount of financial support an absent parent, normally the father, should contribute for the welfare of any children varies widely as it is reliant on so many different factors. These include income, assets, age of the child, levels of savings, pension contributions, any special health needs the child has and any additional support already being given to support the home where the child lives.

For specific amounts you must either reach an agreement between both parties amicably or else rely on the Child Support Agency to sort out the case for you.

How can Woolley & Co, solicitors help?
Take advantage of our fixed fee two hour assessment when one of our lawyers [find a lawyer] will expertly assess your personal circumstances, and advise you whether it is better to make an application to the courts, or leave things to the CSA. You should seek advice as early as possible, so that we can help you to make the right decision for your children.

Remember, a CSA assessment may be better for you than a court order, or vice versa but once either is made, there are long-term implications for children. You may therefore need help to choose the best option.

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