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Financial provision for children over 18—Schedule 1 to the Children Act 1989

Financial provision for children over 18—Schedule 1 to the Children Act 1989 This Practice Note deals with applications made under Schedule 1 to the Children Act 1989 (ChA 1989) in relation to a child over the age of 18. It considers key concepts and restrictions upon the court’s powers, future financial provision and provision for a child who has already reached the age of 18, including applications by the child themselves. It also considers the case law on the making of orders under ChA 1989, Sch 1 where a financial order has already been made within matrimonial or civil partnership proceedings. For information of general relevance to all applications for financial provision for a child over 18, see Practice Note: Financial provision for children over 18—general principles. For detailed information concerning applications made within matrimonial or civil partnership proceedings, see Practice Note: Financial provision for children over 18—spouses and civil partners. If the application relates to a child who is not yet 18, it is likely that they will be...

Statutory child support scheme

Statutory child support scheme This Practice Note sets out the jurisdiction and criteria in relation to maintenance for a child via the statutory scheme administered by the Secretary of State acting through the Child Maintenance Service (CMS) via the Department for Work and Pensions (DWP). It also details the steps required to obtain a maintenance calculation, the criteria that are applied and the relevant formulas. Throughout this Practice Note, the term, non-resident parent (NRP), will be used to indicate the paying (or potentially paying) parent; the term, person with care (PWC), will be used to indicate the person (not necessarily a parent) receiving (or potentially receiving) child support maintenance. Introduction The Child Maintenance and Other Payments Act 2008 (CMOPA 2008) amended the Child Support Act 1991 (CSA 1991), bringing into existence the third child support scheme, which was extended to all new cases on 25 November 2013. Following the closure of the Child Support Agency in 2018, all applications are dealt with by the CMS. Key aspects...

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Financial arrangements for children—client guide

Financial arrangements for children—client guide This document provides general guidance regarding financial provision for children. Your family lawyer will be able to provide specific advice based on your circumstances. Child maintenance Under the law relating to child maintenance (also known as child support), the court is not able to make an order for child maintenance other than by consent (agreement), save where certain exceptions apply. Orders for maintenance for children made by consent are only binding for one year, after which point either parent can apply for a calculation by the Child Maintenance Service (CMS). If you and the child’s other parent cannot agree the appropriate level of child maintenance, either of you can apply to the CMS. The process for determining how much the non-resident parent should be paying as child support can be summarised as follows: • child maintenance is assessed on a percentage of the non-resident parent’s income, depending on the number of children they have to support • there is a reduction of 1/7...

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Where there is a dispute as to who the child will live with and an application for a child arrangements orders is pending can a decision by the Child Maintenance Service (CMS) be delayed? Will the resident parent’s income be relevant for the CMS calculation? Can expenses incurred for contact and expenditure on the child be deducted from the maintenance payments?

Where there is a dispute as to who the child will live with and an application for a child arrangements orders is pending can a decision by the Child Maintenance Service (CMS) be delayed? Will the resident parent’s income be relevant for the CMS calculation? Can expenses incurred for contact and expenditure on the child be deducted from the maintenance payments? Section 4 of the Child Support Act 1991 (CSA 1991) provides that an application for a maintenance calculation may be made to the Child Maintenance Service (CMS) by either: • the parent or person with care of the child, or • the non-resident parent Circumstances in which the CMS will not be able to undertake an assessment include, for example, where a maintenance order for the making or securing of periodical payments to or for the benefit of the child has been in force for less than the period of one year beginning with the date on which the order was made. Pending proceedings under the...

Where a payer of child maintenance receives a pension lump sum from their private pension which is listed on their P60 as gross salary, but is then adjusted as a tax-free amount, will receipt of that sum affect the Child Maintenance Service calculation of child maintenance payable?

Where a payer of child maintenance receives a pension lump sum from their private pension which is listed on their P60 as gross salary, but is then adjusted as a tax-free amount, will receipt of that sum affect the Child maintenance Service calculation of child maintenance payable? A non-resident parent is obliged to pay to the resident parent in respect of a qualifying child maintenance calculated by the Child Maintenance Service (CMS) by reference to the gross income of the former. The CMS is a statutory body which works out, collects and pays out child maintenance payments as is necessary. Where the CMS is tasked with working out child maintenance, it will determine the yearly gross income of the paying parent, and convert it to a weekly figure, then apply a formula based upon that gross weekly income. Various types of different income may or may not be taken into consideration when calculating the gross weekly income. The manner in which this calculation is carried out...

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Family weekly highlights—24 October 2024

This week's edition of Family weekly highlights includes details of a recent judgment regarding an application to permanently remove children from England and Wales to the UAE. Details of the new Official Solicitor litigation friend referral form are also set out.

Family weekly highlights—1 June 2023

This week's edition of Family weekly highlights includes an analysis of a Court of Appeal decision in a case where there was a risk of a significant liability for the husband from pending Chancery Division proceedings and in which the parties sought to rely on the Radmacher principles for the approval of a consent order, details of the House of Commons Library research briefing ‘Child Maintenance: Fees, enforcement and arrears’ and the announcement by the Ministry of Justice and the Legal Aid Agency as to proposed changes to legal aid access for domestic abuse victims. In addition recently updated content is also detailed including the new 2023–2024 edition of At a Glance.