Our Expertise

Child maintenance upon marriage breakdown

When a marriage breaks down and there are children involved the court’s primary consideration is their welfare and needs. If one parent is taking the majority of responsibility for the childcare then the other parent must make payments towards the upkeep of the children.

Child financial provision is usually decided by the court at the same time as the other finances are decided, particularly if the parent not taking the majority of responsibility for the childcare will probably be paying over the minimum amount of support required because they are more wealthy than the parent that is responsible for the majority of the childcare.

Austin Kemp’s experienced team of solicitors can guide you through the process and law of child financial provision to help make sure that you are not left unable to cope financially when looking after your children after your divorce. We particularly specialise in advising high net worth individuals, or spouses of high net worth individuals, who have assets and investments on an international scale.

Our specialist solicitors will negotiate the best possible outcome in court and make sure that you receive what you should over and above the minimum level of child support available from your more wealthy partner.

We also have experience in defending claims for child maintenance in a sensitive but firm manner where the amount is much too large to be manageable. If your spouse is bringing an unjust claim of child maintenance against you we are able to provide you with independent, expert legal advice to make sure your case has the best chance of standing up in court.

Sometimes, an application will be made by the primary carer of the children to the Child Maintenance Service, although it is worth noting that they are unable to make an assessment if the other parent is living abroad. Going via these two agencies will mean that you get the most basic level of child support available to you as the primary carer.

Whether you use the Child Support Agency or the Child Maintenance service will depend on a number of things including how many children you have. The Child Support Agency calculates support through the other parent’s net income whereas the Child Maintenance Service calculates using the other parent’s gross income. It is worth noting that both of these bodies have the power to take payments directly out of income. It is also important to note that with regard to child maintenance, a child is seen as someone under the age of 16 or under the age of 19 in full-time education.

Austin Kemp can help whether you need us to argue your case in court or whether you just want advice as to how much child maintenance you can expect to pay or receive. We are able to act quickly and effectively to make sure you get a fair and just outcome.