“Nobody can go back and start a new beginning, but anyone can start today and make a new ending.”
This is a highly complex area of the law and it is essential that advice is sought very early on, under or over paying could impact significantly on your case. The McAlister Family Law team have years of experience advising on all aspects of child maintenance issues.
For parents that are or have been married, financial provision for children will be taken into account as part of the divorce settlement. The needs of the children are the court’s paramount consideration. Refer to the finance and divorce page for further information.
All parents have a responsibility to provide financially for their child even if they live apart from the child and the other parent. Child maintenance can make a significant difference to a child’s wellbeing and the quality of family relationships. Child maintenance is the regular, reliable financial support parents provide for their child when they separate. It can help towards a child's everyday living costs and give them the best start in life.
Child maintenance can be agreed voluntarily between parents. If an agreement cannot be reached, then an application can be made to the Child Maintenance Service (CMS) – a government body that assesses one parent’s financial means and can make a mandatory requirement that he or she pays child maintenance to the other.
The amount of child maintenance that will need to be paid will depend on a number of factors. For further information visit the CMO website.
Where the parents have not been married and the level of child maintenance is not possible or is insufficient, a claim can be made under Schedule 1 Children Act 1989. This act empowers the court to make one or more of the following financial orders:
When making a decision regarding the appropriate level of financial provision for the child, the Court considers the following:
The McAlister Family Law team are highly experienced in dealing with all child maintenance issues. Liz Cowell is a member of Resolution's Child Support Committee and can advise on all issues including CMS appeals.
Book an appointment
Book your appointment here. Your first consultation is free.
We will be in contact shortly to arrange your appointmentArrange another appointment?