Child Maintenance
Child maintenance is a monetary sum paid by one parent to the other, usually weekly or monthly, to help towards a child’s everyday living costs. Payment is made by the absent parent to the parent with whom the children lives. The Courts no longer have powers to order the payment of child maintenance – instead this has been handed over to the Child Support Agency (CSA), now known as the Child Maintenance and Enforcement Commission (CMEC).
How much child maintenance is payable?
In very basic terms the CSA will assess the child maintenance payments based on the absent parent’s net monthly income, after deducting payments towards a pension scheme, as follows:
- 15% - For one child;
- 20% - For two children;
- 25% - For three or more children.
It is not always this straightforward and deductions can be made, for example, one seventh is deducted for each night of the week the children spend with the absent parent. For specific amounts you must either reach an agreement between both parties amicably, often with the help of your solicitor, or rely on the CSA to sort out the case for you. A CSA Assessment may be better for you than a Court Order, or vice versa, but once either is made, there are long-term implications for children. You may therefore need help to choose the best option.
We can also advise you on your eligibility for state benefits, for example child tax credits, to which you are likely to become eligible upon separation.
Can the Court decide child maintenance instead of the CSA?
The Court does have the power to approve a written Agreement concerning child maintenance. This written Agreement, once approved by the Court will become binding on the absent parent and will effectively bar the CSA from dealing with the issue of child maintenance for the period of 12 months from the date the Order was made. Thereafter the CSA will again have jurisdiction to deal with child maintenance on an application by the parent with residence. The parent with residence does not have to make an application to the CSA unless he or she is in receipt of income support. Ideally you should receive advice from your solicitor concerning child maintenance at the same time as discussing a financial settlement.
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