Q&As

Are there any circumstances in which a connection will be made between the payment of child maintenance and contact between the paying parent and the child, in particular where contact is being prevented by the parent with care?

read titleRead full title
Published on LexisPSL on 23/09/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Are there any circumstances in which a connection will be made between the payment of child maintenance and contact between the paying parent and the child, in particular where contact is being prevented by the parent with care?

The statutory formula for child maintenance under the Child Support Act 1991 (CSA 1991) makes no connection between whether the paying parent is having contact with the children and the amount of maintenance, save to the extent that the shared care provisions apply under CSA 1991, s 3(5) which provides that:

‘For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.’

The Child Support Maintenance Calculation Regulations 2012, SI 2012/2677, reg 46(2) state that:

‘…the determination is to be based on the number of nights for which the non-resident parent is expected to have the care of the qualifying child overnight during the 12 months beginning with the effective date of the relevant calculation decision.’

The Child Maintenance Service (CMS) has discretion to consider a lesser period of time.

The following adjustments are made to provide an allowance where the qualifying child stays overnight with the non-resident parent:

  1. 52 to 103 nights a

Related documents:

Popular documents