Periodical payments for children

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Most recent Periodical payments for children content

Q&As

An order made by consent provides for maintenance to be paid to the parent with care for the benefit of the child until the child reaches the age of 18 or finishes their secondary education (whichever is later), and thereafter for the maintenance to be paid directly to the child until they finish their tertiary education. In the event of the payer defaulting in relation to payments direct to the child, how can the order be enforced? Can it be enforced on behalf of the child, or can the child enforce the order even where they were not a party to the original order?

An order made within financial remedy proceedings between divorcing spouses may make provision for periodical payments to be paid by one party to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

On an application for a top-up child maintenance order under Schedule 1 to the Children Act 1989, can the court take into account that the non-resident parent lives with their wealthy parents and has no day-to-day living costs and significant inheritance prospects?

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Q&As

Over ten years ago, provision was made by an undertaking within a financial order for the paying party to pay child maintenance to the parent with care until the child reached the age of 18, ceased full time education up to a first degree level, or further order. The child ceased education and is now in paid employment but is considering attending university. If the child re-commences their education, can the undertaking for child maintenance be reactivated?

An undertaking is a solemn promise to the court that a party do or not do something. A breach of an undertaking may be enforced by an application for...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

What steps can a paying parent take to enforce provision contained in a consent order for the claw-back of payments of statutory child support made via the Child Maintenance Service against the recipient parent?

Save in certain cases such as where the paying party is based outside of the jurisdiction or their earnings are sufficient to warrant utilisation of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Can the court make an order in financial order proceedings on divorce or dissolution for the payment of university fees for a child of the family who is over the age of 18?

The position is not straightforward, and potential options will be dependent on the facts of the case.Section 23(1) of the Matrimonial Causes Act 1973...

Produced in partnership with Richard Colbey of Lamb Chambers 8th Jan

Q&As

Where parties agree a clean break upon divorce, what is the position with regard to child maintenance, and will that continue to be paid?

A clean break involves the dismissal of the claims by each spouse or civil partner against the other for financial remedies on divorce or dissolution....

Produced in partnership with Ruth Cabeza of Field Court Chambers 8th Jan

Q&As

If a non-resident parent (NRP) is in receipt of state pension and private pension income and has shared care of the children then the Child Maintenance Service (CMS) online calculation suggests a nil rate. If an NRP is receiving state pension are other income streams ignored?

The Child Maintenance Service (CMS) operates the statutory scheme (since 2012) for the calculation and payment of maintenance by a non-resident parent...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Is there case law on whether a year in industry in the context of an undergraduate degree should be treated as part of the degree, where it has been agreed that child maintenance be paid until the end of a first degree?

Section 23(1)(d) and (e) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court may make an order that a party to a marriage shall make...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Where an initial child support calculation has been made by the Child Maintenance Service (which is subject to appeal), can the court make an order by consent pursuant to section 8(5) of the Child Support Act 1991 and Schedule 1 to the Children Act 1989, where the parties agree to such an order?

Child maintenance is, as a general rule, governed by the Child Maintenance Service (CMS) and the court does not have jurisdiction to make any order in...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan

Q&As

Two women, who were not married or in a civil partnership, had a child through in vitro fertilisation via a licensed clinic. The first woman provided the eggs and carried the child and both women are named on the child’s birth certificate. Where the first woman is the parent with care, is the other woman liable to pay child support?

Section 1(1) of the Child Support Act 1991 (CSA 1991) provides that, for the purposes of CSA 1991, each parent of a qualifying child is responsible...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the age of 18, and has now lapsed. Can the child now apply for provision for their tertiary education? Does paragraph 2(3) of Schedule 1 to the Children Act 1989 prevent such an application being made? If the child cannot apply, can the parent with care apply on their behalf?

The child is now over the age of 18, has completed secondary education and is entering tertiary education. The original maintenance has now come to an...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

The parties agreed child maintenance in 2007 through a family based agreement for two children, who are now age 16 and 21. The 21-year-old completed their full time education in 2017. At some point, the paying parent’s income increased, and the parties are agreed that a sum may be owing as to the difference between the sums paid and the amount that would have been calculated by the Child Maintenance Service (CMS). Could the CMS be asked to calculate arrears as to the difference between the sums paid and the sum that would have been paid had a calculation been made on the basis of the increased income, and if so for what period of time? If not, what other remedies may be available if the matter cannot be agreed?

In this Q&A, neither parent applied to the Child Maintenance Service (CMS) for a maintenance calculation in respect of the children. If an application...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Where a payer of child maintenance receives a pension lump sum, will that sum be treated as income by the Child Maintenance Service to calculate the child maintenance payable?

The appropriate level of child support that a non-resident parent should pay the resident parent in respect of a qualifying child is calculated by the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As