A divorce or
separation is rarely easy, and it can be even more complicated if there are
children involved. Once the divorce and custody arrangements have been
finalised, you may find yourself wondering what happens next. Child support
payments may be just one aspect of your new co-parenting agreement, and they
are in place to ensure that both parents share the financial responsibility of
raising their children.
If you’ve
recently been through a divorce or separation, and want to know more about
child support payments, read on for our brief guide below.
What is child support?
Also called
child maintenance, child support payments are periodical sums of money paid by
the non-resident parent (whoever does not live with the child or children), to
the resident parent (the person responsible for the majority of the children’s
everyday care). Either parent can be eligible to pay child support, although in
most cases the parent with primary custody is the mother, so the father would
be the one paying maintenance.
How are payments made?
Payments are
made in accordance with a maintenance agreement, and you can speak to The Child
Support Agency for help with an application, or to learn more about existing
maintenance schemes. A common method is ‘Collect and Pay’, where payments are
made to the Child Maintenance Service (CMS), and then passed on to the
residential parent.
How much do you need to pay?
The amount
of maintenance required is calculated based on the paying parent’s gross weekly
income, and CMS will work out an amount following an application from either
the resident or non-resident parent. In some cases, parents may disagree on how
much should be paid, but CMS can help you come to an agreement.
There are
several circumstances where the non-resident parent may be exempt or qualify
for a reduced rate, including if their gross weekly income is less than £7, if
you are under 16, or if you’re claiming benefits such as Jobseeker’s Allowance
or Income Support.
What happens if payments aren’t made?
Failure to
pay agreed child support payments can result in an automatic deduction of the
money owed from your earnings, a driving ban, or even a prison sentence. CMS
can also use a liability order to take action such as sending bailiffs to seize
belongings, or forcing the sale of property or other assets in order to collect
the money owed .
If you are
the parent in receipt of the payments, CMS will keep you up to date with their
course of action, and it’s vital that both parents inform the Child Maintenance
Service of any changes to their income or living situation.
If you need
legal assistance regarding custody arrangements or child support, get in touch
with the expert team at Hawley and Rodgers. Our child law solicitors have a
wealth of experience settling any legal disputes where children are involved,
and we can be there by your side to guide you through every step of the
process. For more information or to make an appointment, give us a call today
or visit our website.
