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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Published on LexisPSL on 21/01/2021

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

  • 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?

An application can be made to the court for a 'top-up' maintenance order where a maintenance calculation has been undertaken by the Child Maintenance Service (CMS), and the non-resident parent’s gross income exceeds £3,000 per week, where the formula introduced by the Child Maintenance and Other Payments Act 2008 applies.

All calculations are based on gross income and financial information obtained from Her Majesty's Revenue & Customs (the Child Support Maintenance Calculation Regulations 2012, SI 2012/2677, Pts 1, 4) in relation to the non-resident parent, ie without regard to the income or assets of third parties. The court must be satisfied that the circumstances of the case make it appropriate for the non-resident parent to pay additional periodical payments under a maintenance order over and above the maximum maintenance calculation, however, it is for the CMS, rather than the court, to determine that the non-resident parent’s income exceeds the maximum level in accor

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