When the relationship between the parents is acrimonious, one parent may be left to financially support their child alone. For many, this can be very difficult.
If you are unable to reach an agreement about how your child's living costs are to be paid you can, in most circumstances, make an application to the Child Maintenance Service (CMS). The payment of child maintenance (CM) by a non-resident parent is a statutory requirement. The level of payment is fixed and determined by the CMS. In making their calculation, the CMS consider the number of nights that a child stays with the non-resident parent, the non-resident parent's other financial commitments (eg payments for other children) and their income. CM is the most common avenue for seeking help with financially supporting your child.
Another option would be to make an application to the Court under Schedule 1 of the Children Act 1989.
All applicants are required to attend a mediation information and assessment meeting (MIAM) before making an application. The application is formally made to the court and a hearing will be listed in order to hear the details of the application. In preparation for the hearing, the parties are required to provide full financial details.
The applicant can apply for one or more of the following orders:
Schedule 1 is based purely on the child's needs and not, as a starting point, what is fair or equal. It is not the Court's duty to address any income disparity between the parents.
Amongst other things, a court will consider:
Navigating the legal process can be difficult. That is why it is important to have the advice of a specially trained lawyer who can guide and support you through the process. Our team of family lawyers are here to help.