Periodical payments for children

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General considerations

Most child maintenance is determined under the statutory scheme established by the Child Support Act 1991 (as amended). All new applications are dealt with by the Child Maintenance Service (CMS), with existing cases to migrate to the gross maintenance formula introduced by the Child Maintenance and Other Payments Act 2008.

Under the Matrimonial Causes Act 1973 (MCA 1973) and the equivalent provisions under the Civil Partnership Act 2004 (CPA 2004), the court has the power to make an order for periodical payments, including secured periodical payments, to a party for the benefit of a child of the family. Those powers are severely restricted by the statutory scheme in cases where the relevant children are the biological or adoptive children of the prospective payer. There are limited circumstances in which the courts retain jurisdiction to make an order, including, for example, an order made by consent or an order where one of the parents is habitually resident overseas.

See Practice Notes: Child support—respective jurisdictions of the Child Maintenance Service and the court, Child support—procedure, Child support—disputed paternity

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