Each situation is a bit different, which is why it is critical that you work with an experienced family law solicitor who can explain your rights and the legal options available in your situation. Here is a look at some options.
Family-based agreement
In this situation, which is ideal in some cases, you work to arrange child maintenance with the other parent. If you are able to do this and agree on an amount to receive or pay and how often, it is possible to create a family-based agreement for child maintenance. This is a private agreement. However, once you enter into it, it becomes a legally binding contract between both parties. Do not head into this decision without all of the information you need to ensure the best long-term outcome for you.
Child maintenance service
The second route is called a child maintenance service, which becomes necessary when parents cannot agree on the process. It involves a formal assessment to be undertaken. This assessment considers all factors in your individual situation to develop the right level of maintenance here. Either parent may pursue this process.
Consent order
In situations where there is a dissolution of a civil partnership or the parents are going through a divorce, a consent order may be used to establish child maintenance. This is done in situations where the parents can agree on the terms of the child maintenance. It enables the Court to set out the terms of the maintenance and puts in place the legal requirement for payment and follow through. In this situation, if the parents agree to a consent order, they cannot apply to the Child Maintenance Service for at least one year from the date of that order.
Court order
There are situations where the child maintenance service is not able to provide support or when circumstances become complex. In this situation, the Court can be used to create a resolution. The Court has the legal right to look at the level of financial support available and make decisions based on what it deems appropriate.
This may be necessary for some situations where the child maintenance service cannot be helpful, including:
– When one parent lives abroad unless that parent is a civil servant or otherwise working under the government, the child maintenance service is unable to help in these situations, and a Court order becomes necessary.
– When the receiving parent or the child lives outside of the UK.
– Determination of which parent should pay for school fees.
– Situations where the child has specific special needs.
– Situations where the parent has a gross weekly income that is over £3,000 gross per week. (£156,000 gross per annum – the child maintenance service cannot help in situations beyond this.
– While the child is older, beyond secondary education, there is a need for financial help, such as when the child is at university.
Many times, parents will find that the easiest and least expensive option is to work together to come to an agreement about child maintenance. By working with our child maintenance solicitors, we can help guide you in this process when possible, or if not, we will remain by your side through any court-related decision making process.
