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Child maintenance – what happens if the presumed parent is not the parent after all?
Connie Atkinson
Our team is highly experienced in helping you to secure the appropriate level of maintenance for your child. We have expertise in the full range of child maintenance options and we are recognised leaders in our field for financial claims on behalf of children, including claims for top up maintenance.
Separation can be a stressful and challenging time, even more so where there are children involved. Whilst your focus will be on how to support your children and minimise any impact on them, your mind will also turn to more practical matters such as who they will live with, when they will spend time with you and, crucially, how will you financially support the children now that you are separated,
The Child Maintenance Service (known as the CMS) is not the beginning and end of deciding how to provide for your children once separated. This is a government organisation that calculates and administers child maintenance payments between parents. Their useful online calculator tool can be found here. Further information can also be found on the Child Maintenance Options website.
Whilst the CMS may set down a marker for the level of child maintenance payable, many couples reach agreements without enlisting the services of the CMS or pay child maintenance above the prescribed levels.
We can help you to reach a tailored and bespoke agreement with your former partner or spouse setting out the correct level of maintenance for your child. Every family is different and we will focus on the factors which are unique to your circumstances (such as who the child lives with, nights spent with the other parent) and try to achieve an agreement that works for everybody.
Where we are unable to reach an agreement we can advise and assist with an application to the CMS.
Where a former spouse or partner earns above the CMS threshold (approximately £150,000 gross per annum) and qualify for a maximum assessment of child maintenance. If so, we can advise you on making a claim for “top-up” child maintenance in excess of that figure - this is a particular area of specialism within the team. Please click here if you think you or your partner qualifies for a maximum assessment and you want to explore further options.
We also advise in cases with international aspects as where, for example, one parent lives abroad, a CMS application may not be applicable.
We can provide quick and responsive advice on all child maintenance issues with a focus and strength of expertise in top-up maintenance and claims for housing and lump sums under Schedule 1 against those with higher incomes and assets.
The CMS calculator is a good starting point but may not be relevant to all families.
Yes, you can reach an agreement, but it is advisable to record the agreement in writing, sometimes within a court order.
The court can make an award of “top up” maintenance over and above the CMS maximum assessment. Please contact us for advice specific to your circumstances.
We can give advice on enforcement options.
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If you require further information or advice from our team of specialist family lawyers, please contact a member of our team, email us or call us on +44 (0)20 7814 1200. Alternatively you can submit a brief online enquiry here.
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Connie Atkinson
Charlotte Bradley
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