You don't need to include money
paid for child maintenance or your children's income and some maternity benefits are partly excluded.
The courts can make a consent order
for child maintenance which says that the parent expected to pay must keep to the child maintenance payments they have agreed.
If you have an existing court
order for child maintenance that you want to enforce in another country, contact the court where it was made.
In turn, the Child Support Act 1991 allows a parent to make an
application for child maintenance with no distinction being drawn between a couple who have been married and a couple that have merely cohabited.
There is however now a requirement for any parent
applying for a child maintenance assessment to consider alternatives such as entering into a «family based arrangement» i.e. agreeing with the other parent how much maintenance should be paid.
That's why we plan a fresh start
for child maintenance with all parents given much better support and a fair chance to make their own, family - based, arrangements.»
15:15 - Janet Allbeson, Senior Policy Adviser at Gingerbread speaks in front of the committee on Public Accounts on: Structured cost
reduction for the Child Maintenance and Enforcement Commission
That is also why we are saying that, where there is a payment, parents should be able to keep all of it and that there should be a complete
disregard for child maintenance payments and benefits.
The current
emphasis for child maintenance is now private maintenance agreements, with resort to the Child Maintenance Service only when these are unworkable.
[29] However, in Bell v. Bell, 1999 BCCA 497, this Court held that actual income earned was a fairer representation of income
available for child maintenance, despite (and apparently because of) «considerable fluctuation» in the payor's income:
(However, in certain circumstances, someone under 20 can still be regarded as a child
for child maintenance purposes by the CMS even if they are not in full - time non-advanced education.)
175 nights or more nights: child maintenance is reduced by 50 %, plus an extra # 7 a week reduction for each child
This factsheet explains what happens when we ask an employer to take money from a parent's earnings or pension to
pay for child maintenance.
When a liability order is made — as the law now stands: further embellishments to this already primitive scheme are proposed by the Child Mainteneance and Other Payments Act 2008 and await implementation — then three main possibilities open up
for Child Maintenance and Enforcement Commission (the Commission) whose operations are still carried out by the Child Support Agency (CSA):
These can be payments
for child maintenance, household utilities, mortgage or household upkeep.
Note that the 2007 Convention includes provision for applications
for child maintenance, for a child is aged under 21, and also spousal support (linked to child maintenance and stand alone), ie it is wider than the previous provisions on enforcement.
Outside of the age ranges and educational requirements of the CMS, you would have to apply to the courts
for child maintenance.
This leaflet only covers «old scheme» cases — where applications
for child maintenance were made between 5 April 1993 and 2 March 2003.
A court may make an order
for child maintenance.
Parents with a court order
for child maintenance can try and get this enforced in a foreign country.
If you have a court order
for child maintenance, you must stick to the agreement set out in the court order.