Q&As

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?

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Published by a UUÂãÁÄÖ±²¥ Family expert
Published on: 24 September 2018
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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:

  1. •

    the parent or person with care of the child, or

  2. •

    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 Children Act 1989 (ChA 1989) as to with whom a child should live are

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Child arrangements order definition
What does Child arrangements order mean?

A child arrangements order means an order relating to: with whom a child is to live, spend time or otherwise have contact with, and when a child is to live, spend time or otherwise have contact with any person.

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