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Periodical payments for children

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Q&A—HMCTS family public law and adoption online portal

Q&A—HMCTS family public law and adoption online portal

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Family proceedings court fee increases from 30 September 2021

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Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

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The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
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Precedents

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If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
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Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes

Reports under section 37 of the Children Act 1989

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
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Most recent Periodical payments for children content

Q&As

On the cessation of a global order for maintenance, the parent with care made an application to the Child Maintenance Service (CMS) in relation to the child of the parties, who is age 16. The CMS have not been able to confirm an address for the non-resident parent, who is being uncooperative. If the non-resident parent does not pay maintenance via the CMS, can an application be under section 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978 on the grounds of failure to make reasonable provision for a child of the family?

On the cessation of a global order for maintenance, the parent with care made an application to the Child Maintenance Service (CMS) in relation to the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 24th Sep
Q&As

A non-resident parent (NRP) is self-employed via their own company, and able to select how company funds are applied for their benefit (including meeting quasi-personal costs within the company wherever legally possible), and also using a large director's loan to return money to them each year in lieu of salary dividends. What approach will the Child Maintenance Service (CMS) take to this on assessment of the NRP’s income? Will the CMS take a broader view, or will its assessment be limited to the salary/dividends as reported on the NRP’s tax return?

A non-resident parent (NRP) is self-employed via their own company, and able to select how company funds are applied for their benefit (including...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As

What is the procedure for applying to vary a financial consent order, and can this be done by way of a further financial consent order lodged with the court?

What is the procedure for applying to vary a financial consent order, and can this be done by way of a further financial consent order lodged with the...
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18th Aug
Q&As

Where there is a dispute between parents as to the extent of overnight care for the purposes of the calculation of statutory child support, how may the number of overnight stays be proved?

Where there is a dispute between parents as to the extent of overnight care for the purposes of the calculation of statutory child support, how may...
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18th Aug
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 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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As

Can a child maintenance claim be made for a child who is age 17 where the parents agreed that a claim would not be made, and the child sometimes splits their time equally between the parents?

Can a child maintenance claim be made for a child who is age 17 where the parents agreed that a claim would not be made, and the child sometimes...
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18th Aug
Q&As

Where there is a dispute as to who the child will live with and an application for a child arrangements orders is pending can a decision by the Child Maintenance Service (CMS) be delayed? Will the resident parent’s income be relevant for the CMS calculation? Can expenses incurred for contact and expenditure on the child be deducted from the maintenance payments?

Where there is a dispute as to who the child will live with and an application for a child arrangements orders is pending can a decision by the Child...
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18th Aug
Q&As

Can a party send copies of documents that were annexed to the Form E filed by the other party in ancillary relief proceedings to the Child Maintenance Service (CMS) with the aim of contradicting information provided to the CMS by that party, or is the ancillary relief information confidential? What are possible consequences of the information being sent to the CMS?

Can a party send copies of documents that were annexed to the Form E filed by the other party in ancillary relief proceedings to the Child Maintenance...
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Produced in partnership with Charmian Jackson of St Ives Chambers 18th Aug
Q&As

If a financial consent order is silent as to school fees and a spouse wishes to make an application for the other spouse to pay schools fees, is the application commenced by filing a Form A and what is the court fee payable?

If a financial consent order is silent as to school fees and a spouse wishes to make an application for the other spouse to pay schools fees, is the...
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Produced in partnership with Nicholas Starks of St Ives Chambers 18th Aug
Practice notes

Child maintenance provisions via the court

Child maintenance provisions via the courtCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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18th Aug
Q&As

If there is a child maintenance order in place, and one party then obtains an assessment by the child maintenance service invalidating the terms of the order, and the assessment is less than the amount of maintenance being paid by the non-resident parent under the terms of the order, can an application be made under Schedule 1 to the Children Act 1989 where the original order included provision up until first degree level?

If there is a child maintenance order in place, and one party then obtains an assessment by the child maintenance service invalidating the terms of...
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15th Aug
Q&As

Is a self-renewing child maintenance order (commonly known as a ‘Christmas order’) contained in a consent order made in financial remedy proceedings enforceable in the event of non-payment by the payer?

Is a self-renewing child maintenance order (commonly known as a ‘Christmas order’) contained in a consent order made in financial remedy proceedings...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 15th Aug
Practice notes

Child support—procedure

Child support—procedureThis Practice Note provides guidance on procedural matters when dealing with an application to the Child Maintenance Service...
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15th Aug
Practice notes

Child support—children with special needs

Child support—children with special needsThe court retains jurisdiction to make orders for maintenance where a personal independence payment is paid...
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15th Aug
Q&As

A parent earns overseas income which is not included in their UK tax return, as well as UK income. Will the overseas income be treated as income for the purposes of a statutory child support calculation by the Child Maintenance Service (CMS)? If so, does the parent have a duty to disclose the overseas income to the CMS?

A parent earns overseas income which is not included in their UK tax return, as well as UK income. Will the overseas income be treated as income for...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
Practice notes

Child support—general considerations

Child support—general considerationsThis Practice Note details the jurisdiction in relation to child support, via the Child Maintenance Service (CMS),...
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15th Aug
Practice notes

Child support—top-up maintenance orders

Child support—top-up maintenance ordersApplicable lawAn application can be made to the court for a 'top-up' maintenance order where a maintenance...
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15th Aug
Practice notes

Child support—disputed paternity

Child support—disputed paternityThis Practice Note deals with the circumstances where a claim is made for child support and paternity is disputed. It...
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15th Aug
Q&As

Where a paying party receives a redundancy payment, including in lieu of notice and holiday entitlement, together with ex gratia and disability payments, will the Child Maintenance Service take those payments into account on a maintenance assessment? How would the maintenance be calculated in such circumstances? Could the court make an order for child maintenance by treating the ex gratia and disability payments as capital sums?

Where a paying party receives a redundancy payment, including in lieu of notice and holiday entitlement, together with ex gratia and disability...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
Practice notes

Child support—school fees

Child support—school feesThe court retains jurisdiction to make an order that a non-resident parent (NRP), or person by whom the relevant child has...
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15th Aug

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