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?

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Published on LexisPSL on 04/10/2018

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

  • 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?

Most child maintenance will be dealt with by the child maintenance service (CMS), see Practice Notes: Statutory child support scheme and Child support—general considerations. However, by virtue of section 15 and Schedule 1 to the Children Act 1989 (ChA 1989), the courts retain jurisdiction to make a periodical payments order for a child in certain defined circumstances. Section 8 of the Child Support Act 1991 (CSA 1991) sets out the circumstances in which an application may be made to the court under ChA 1989, Sch 1, including:

  1. the geographical location of one of the non-resident parents

  2. an application for educational expe

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