Q&As

Where an initial child support calculation has been made by the Child Maintenance Service (which is subject to appeal), can the court make an order by consent pursuant to section 8(5) of the Child Support Act 1991 and Schedule 1 to the Children Act 1989, where the parties agree to such an order?

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Published on: 16 August 2019
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child maintenance is, as a general rule, governed by the child maintenance service (CMS) and the court does not have jurisdiction to make any order in relation to this, save in certain circumstances which are set out in section 8 of the Child Support Act 1991 (CSA 1991). One of these examples is set out under CSA 1991, s 8(5) which states that:

‘(5) The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a written agreement (whether or not enforceable)

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Jurisdiction(s):
United Kingdom
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Key definition:
Child maintenance definition
What does Child maintenance mean?

A payment made (usually by a parent) to the other parent for outgoings relating to a child or children. Child maintenance may be paid on a voluntary and agreed basis, via the child maintenance service (CMS) or in limited circumstances ordered by the court (also known as 'child periodical payments' or 'child support').

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