The majority of couples manage to agree the level of child support/maintenance payable by the parent who lives apart from the child (the non-resident parent) following divorce, dissolution or separation. If an agreement cannot be reached an application will need to be made to the Child Support Agency (CSA) or to a court in certain circumstances.
The CSA is part of the Child Maintenance and Enforcement Commission (CMEC). The role of the CSA is to ensure that parents who live apart from their children contribute to their upkeep by paying child support.
If the CSA becomes involved, it will use a standard computation to work out how much child support should be paid. The CSA can take legal action if payment is not made.
The CSA assessments are as follows for a non resident parent (NRP):
1. for one child 15% of the NRP’s net weekly income;
2. for two children 20% of the NRP’s net weekly income;
3. for three or more children 25% of the NRP’s net weekly income.
If the child stays regularly overnight with the non resident parent, the child support payable will be reduced.
It is expected that a new system for calculating child support will be introduced by the Child Maintenance and Enforcement Commission in 2011. The new scheme will calculate child support on the non resident parent's gross income.
For further advice in relation to child support, whether you are the paying parent or the parent with care, please contact Jane Keir on + 44 (0)20 7814 1200 or email jkeir@kingsleynapley.co.uk.
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Chambers and Partners 2011