Q&As

Can a non-biological father be liable to pay child maintenance to the biological mother either by virtue of a calculation by the Child Maintenance Service or as a result of an application by the mother for financial provision under Schedule 1 to the Children Act 1989?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 10/09/2019

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a non-biological father be liable to pay child maintenance to the biological mother either by virtue of a calculation by the Child Maintenance Service or as a result of an application by the mother for financial provision under Schedule 1 to the Children Act 1989?

The starting point with regard to a calculation sought from the Child Maintenance Service (CMS) against a named parent is that the CMS will request evidence of that parent to prove that they are not the parent. However, no maintenance calculation will be made on the assumption that the alleged parent is a parent unless under section 26 of the Child Support Act 1991 (CSA 1991):

  1. the child is habitually resident in England and Wales and the Secretary of State is satisfied that the alleged parent was married to the child’s mother at some time in the period beginning with conception and ending with birth

  2. the alleged parent was registered as the father of the child

  3. the alleged parent

Related documents:

Popular documents