All pension payments, whether private or occupational, are included as earnings for deductions from earnings orders.

This Practice Note considers the court’s powers to make financial provision for children in cases where the paying and receiving party are or have been married or in a civil partnership. It details the court’s power to make orders for periodical payments and capital orders, global or ‘Segal’ orders, and orders under the Domestic Proceedings and Magistrates’ Courts Act 1978 (DPMCA 1978) and its Civil Partnership Act 2004 (CPA 2004) equivalent (failure to maintain, application before lay justices). It also considers financial provision under Sch 1 to the Children Act 1989 (ChA 1989) involving parents who are or have been married or in a civil partnership, including cases where a financial order has already been made under the Matrimonial Causes Act 1973 (MCA 1973) or CPA 2004. The court does not have the power to make, vary or revive child maintenance orders where the Child maintenance Service (CMS) has (or would have, were an application made) jurisdiction to make a maintenance calculation, subject to some important exceptions. These include orders embodying a written

You have now been granted entry clearance (a visa) until [insert date] as the child of a parent with limited leave as a partner under Appendix FM. This information sheet outlines some of the key conditions of your stay in the UK as well as your responsibilities to the Home Office. It is important that you understand these conditions. Please do not hesitate to contact us if you have any queries. Please note that while the information below is correct as at today’s date, UK immigration law is subject to regular change. Arrival in the UK and obtaining your online account The Home Office has issued a visa for you in digital format (known as an ‘eVisa’). This means that you will not receive an endorsement in your passport or a physical document confirming your grant of permission. Please can you send me a copy of the eVisa so that I can check that all of the details are correct,

This Practice Note outlines a local authority’s responsibilities to safeguard children through child protection conferences, as set out in the Working together to safeguard children 2023: statutory guidance (WTG). It covers convening an initial child protection case conference (ICPCC), reviewing a child protection plan (CPP) and a local authority’s duties to children who are subject to a CPP. Note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 and the related statutory instruments. For further reading on child protection in Wales, see Practice Note: Local authority duties to children in Wales—child protection [Archived]. Local authorities have a statutory duty for safeguarding all children in their areas. The Secretary of State for Education is required to issue guidance in this regard. The protocols and procedures for putting these safeguarding duties into place are outlined in the WTG which is updated regularly. The purpose of the WTG is to set out these duties in

Child support (often called child maintenance) is the regular financial provision a parent makes for a child’s living costs when parents live apart. In Great Britain and Northern Ireland the term sits within the statutory child maintenance scheme (Child Support Act 1991 and regulations), administered by the Child Maintenance Service (CMS). The CMS calculates maintenance by formula, broadly using the paying parent’s gross income, number of qualifying children, any shared care, and other dependants, and can collect and enforce (e.g., deduction from earnings or bank accounts).Across England & Wales and Scotland the statutory scheme has primacy over court‑ordered periodical payments, with limited exceptions. Courts can deal with capital/other needs: Schedule 1 Children Act 1989 (E&W) and aliment orders in Scotland allow lump sums, property settlement, school fees, and “top‑up” orders where income exceeds the CMS maximum. Parties may agree maintenance; a court order for periodical child maintenance can generally be displaced by a subsequent CMS calculation after 12 months.In Northern Ireland, an equivalent CMS operates under the Child Support (Northern Ireland) Order 1991, with similar rules.In Ireland (Republic), there is no CMS. “Maintenance” is court‑based under the Family Law (Maintenance of Spouses and Children) Act 1976 (as amended), determined by means and needs, with enforcement including attachment of earnings.

This Practice Note considers applications for a variation, whereby the usual rules for making a maintenance calculation may be varied on specified grounds. It also considers the three main ways in which maintenance calculations and other decisions of the Secretary of State acting through the Child Maintenance Service (CMS) can be altered: revision, supersession and appeal. The person with care (PWC) or non-resident parent (NRP) can apply for a variation, ie for the usual rules for making a maintenance calculation to be varied on specified grounds. The NRP or PWC may assert that a maintenance calculation or other decision, whether or not a variation is sought, is incorrect due to an error as to the factual basis or the application of the law. There may also be changes of circumstance. In all the above situations, a decision of the Secretary of State (acting through the CMS) may need to be altered via revision, supersession or appeal. For information on the statutory scheme and maintenance calculations, see Practice Note:

This Practice Note explains the court’s powers to make periodical payments orders for the benefit of a child with special needs (where a personal independence payment/disability living allowance is paid to or for a child or where a child is disabled) for the purposes of meeting expenses attributable to the child’s disability. This power may be exercised regardless of the limited jurisdiction of the court to make maintenance orders for children in general. This Practice Note also addresses the court’s interpretation of the term, ‘expenses attributable to the child’s disability’, and the procedure for an application. The court has jurisdiction to make orders for maintenance in respect of a child with special needs, notwithstanding the general restrictions upon making periodical payments for the benefit of a child who falls within the jurisdiction of the Child Maintenance Service (CMS) whether or not an application for a maintenance calculation has actually been made. There are two key conditions: • disability, either: ◦ a personal independence payment or disability living allowance is paid to or in respect of the child,

This Practice Note deals with the circumstances where a claim is made for child support and paternity or parentage is disputed. It details the cases in which the Child Maintenance Service (CMS) can make an assumption as to parentage, steps to take where paternity or parentage is denied and the impact on liability. Section 26 of the Child Support Act 1991 (CSA 1991) provides that where a person who is alleged to be the parent of a child for whom a maintenance calculation has been made denies that he is one of the child’s parents, the CMS shall not make a maintenance calculation on the assumption that the alleged parent is one of the child’s parents, unless the case falls into one of the categories set out in CSA 1991, s 26(2), see: Assumption of parentage. CSA 1991 also makes provision as to a denial of parentage where assumptions do not apply and a denial of parentage where assumptions apply. For general guidance on the statutory child support scheme, see Practice Note: Statutory child support

This Practice Note provides guidance on procedural matters when dealing with an application to the Child Maintenance Service (CMS) for child maintenance under the statutory child support scheme, together with the information that must be provided and enforcement powers. Child support—basics Following the closure of the Child Support Agency in 2018, all applications for child support maintenance under the Child Support Act 1991 (CSA 1991) are dealt with by the Secretary of State (for Work and Pensions) acting through the CMS. The relevant legislation uses the terminology person with care (PWC) and non-resident parent (NRP). In its public-facing material, the CMS refers to the NRP as the paying parent and the PWC as the receiving parent. Key aspects of the scheme include: • the application must be made via the Child Maintenance Service • there is no application fee (abolished with effect from 26 February 2024); the following charges apply: ◦ a 20% collection fee on top of the usual child maintenance amount for NRPs using the Collect and Pay service ◦ a 4% collection fee deducted from the usual

This Practice Note details the role of the Secretary of State acting through the Child Maintenance Service (CMS) in calculating and collecting child support maintenance, the jurisdiction of the CMS and the jurisdiction of the court. It also considers specific situations in which special jurisdictional arrangements are in place in relation to consent orders, existing orders, maintenance agreements and provision from the estate of a deceased parent. See also Practice Notes: Statutory child support scheme, Child maintenance and financial provision—spouses and civil partners and Maintenance provision for children under Schedule 1 to the Children Act 1989. Regarding the jurisdiction of the courts generally to make orders in financial order proceedings on divorce or dissolution, see Practice Note: Financial proceedings—orders that can be made by the court. Role of the Secretary of State acting through the Child Maintenance Service (CMS) Statutory scheme—history With effect from April 1993, maintenance for children whose parents lived apart was determined by the Child Support Agency (CSA), as established by the Child Support Act 1991 (CSA 1991).

This Practice Note provides guidance on the court’s powers to make orders for periodical payments and/or lump sums in respect of school fees and other educational or training expenses. It explains the procedure for cases either where the parents are or have been married or in a civil partnership, or where they have not been married or in a civil partnership, and sets out the procedure to be followed. There are substantial restrictions upon the court’s powers to make an order for periodical payments in respect of a child where the Child Maintenance Service (CMS) has or would have jurisdiction to make a maintenance calculation. However, the court retains jurisdiction to make an order that a parent, or a person by whom the relevant child has been treated as a child of the family, should either pay or make a contribution towards the costs of a child receiving instruction at an educational establishment, or undergoing training for a trade, profession or vocation (whether or not while in gainful employment). Most commonly such orders relate to the payment of private

This Practice Note explains the circumstances in which an application can be made for a top-up maintenance order where a maximum maintenance calculation has been made by the Child Maintenance Service (CMS) and the gross income of the non-resident parent (NRP) exceeds a specified level. It provides guidance on the procedure for making an application under the Matrimonial Causes Act 1973 (MCA 1973), the Civil Partnership Act 2004 (CPA 2004) and the Children Act 1989 (ChA 1989) for a top-up maintenance order. It also considers orders that may be made in respect of step-children. For information and practical guidance on the statutory child support scheme, see: Child Maintenance Service—overview. Applicable law An application can be made to the court for a 'top-up' maintenance order where a maximum maintenance calculation has been undertaken by the CMS, and the NRP’s gross income exceeds £3,000 per week. The court must be satisfied that the circumstances of the case make it appropriate for the NRP to pay additional periodical payments under a maintenance order over and above the maximum maintenance