Child Support
Duty to maintain
Your former partner's financial position
The amount you will have to pay
Variations
Review and appeals
Collection and enforcement of maintenance
The law and procedure in relation to the Child Support Agency can be complex. This area of law is currently under reform. Because of Raleys experience in this area we are up to date with current developments and able to advise and help.
Some of the basic legal principles relating to child support however remain unchanged.
Duty to maintain
A non-resident parent is under a legal duty to contribute to the support of their child. This is the case whether or not they have contact with them.
Your former partner’s financial position
If the parent with care is in receipt of income support, income based job seeker’s allowance or disability working allowance, they are required to authorise the Secretary of State to recover child support from the non-resident parent. If they do not authorise the Secretary of State to recover the money from the non-resident parent then they may be the subject of a reduced benefit direction, which will reduce their benefit by 40% for 3 years.
If your former partner is not in receipt of one of the prescribed benefits described above then they have a choice to either pursue child support via the Child Support Agency or, alternatively, enter into a Court Order by consent with the non-resident parent. It follows that if the non-resident parent does not agree to pay a certain level of child support then your former partner’s only option is to seek child support through the Child Support Agency.
The amount you will have to pay
The amount of maintenance is fixed by a calculation in accordance with the provisions of the Child Support Act 1991 and the Child Support, Pensions and Social Security Act 2000. Please visit the Child Support Agency’s website for a general guide as to how child maintenance is calculated.
If a non-resident parent does not provide the Child Support Agency with sufficient information to allow them to make a maintenance calculation, a default maintenance decision may be made. This will require the non-resident parent to pay maintenance at a fixed rate. The fixed rate may be higher than the final maintenance calculation. It is therefore in the non-resident parent’s best interests to co-operate with the Child Support Agency as fully as they can and as soon as possible.
When a calculation has been made you must begin to make the specified payments. If the non-resident parent does not and the maintenance falls into arrears, they will be charged interest which will be payable on top of the arrears and may have to make additional penalty payments to the Child Support Agency of up to 25% of the weekly maintenance payable.
Variations
The parent with care or the non-resident parent may be able to apply for a variation in the amount of child maintenance payable if you fall within a certain prescribed set of circumstances. For more information, please see the Child Support Agency’s website.
Reviews and appeals
Any decision made by the Child Support Agency may be revised. A calculation can be backdated in certain circumstances. Any issues should be raised in their application. If a parent wishes to apply for a review this should be done within 1 month of your maintenance calculation. However, late applications can also be made up to 13 months after the initial calculation in special circumstances.
If a parent wishes to appeal the maintenance calculation you should check the footnote on your letter detailing the calculation. This will give you notice of your right to appeal and the name of the relevant person or department to contact. Your first line of appeal is normally to an Appeals Tribunal.
If a non-resident parent has been assessed by the Child Support Agency and also disagree with the decision of the Appeals Tribunal you may then be able to appeal to the Child Support Commissioner.
If a maintenance calculation is in force you may apply for a supersession if the calculation is based on a material change in circumstances which has come about since the original calculation was made. A further calculation can then be carried out although it may not be favourable towards the aggrieved party.
Collection and enforcement of maintenance
If the non-resident parent does not pay maintenance following a calculation, the Child Support Agency have various methods of enforcement available to them.
A deduction of earnings order can be made, if a non-resident parent is employed, which means that child support maintenance payments and arrears, interest or penalty payments are taken directly from the non-resident parent’s wage before it is paid to them.
If the non-resident parent is self-employed, unemployed or an order has been made which failed to secure payments in accordance with the maintenance calculation a liability order can be made. If this happens your possessions may be seized and sold to raise funds to pay towards your arrears. Certain personal possessions, money and tools for trade may not be seized. Such an order, if it is made, can be enforced in the County Court.
If you continue to avoid payment then a warrant can be issued for your committal to prison, or your disqualification from driving. However, this is in the most serious of cases.
CONTACT US
If you would like to make an appointment please telephone us on our freephone number which is 0800 0730831 or email us using the website links.
