Q&As

Where a child will be attending boarding school, is there any guidance on how to calculate the amount of child maintenance to be paid? Will a deduction be made from the calculation to reflect that the child will not be living with either parent during term-time? One parent will be paying 100% of the school fees and all other expenses. During the holidays the child will be staying with both parents, but potentially not on an equal basis.

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Published on LexisPSL on 18/07/2017

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

  • Where a child will be attending boarding school, is there any guidance on how to calculate the amount of child maintenance to be paid? Will a deduction be made from the calculation to reflect that the child will not be living with either parent during term-time? One parent will be paying 100% of the school fees and all other expenses. During the holidays the child will be staying with both parents, but potentially not on an equal basis.

Where parties are separated and a child lives primarily with one parent, maintenance is required to be paid by the other parent for the child. Government policy encourages parents to agree voluntary arrangements for child maintenance by way of a family-based agreement. Such agreements can take into consideration such factors as the parents wish, to include for example the payment of school fees. Many such agreements are based upon the figures that would otherwise be payable under the child maintenance service (CMS) statutory formula. Where parents cannot agree, an application can be made to the CMS to enforce payment.

See Practice Note: Child support—general considerations.

The CMS formula is based upon income and set percentage rates. These percentages can be reduced as a result of the number of nights that the child spends with the paying parent. The calculation does not take account of the number of n

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