Child Maintenance and Support Solicitors in London

Our child maintenance and support services

Our child maintenance solicitors in London can help you understand the complicated rules on child maintenance payments and how they work with spousal maintenance or with a financial settlement and financial court order.

Differences and calculation of spousal maintenance vs child support

When child support is calculated by the child maintenance service (CSA) a strict mathematical formula is used to work out how much childcare maintenance is payable. If you ask the court to make a spousal maintenance order the amount of spousal maintenance and the length of the spousal maintenance order is at the discretion of the judge after considering needs and other statutory factors.

Role of the child maintenance service and UK family court in child support

In most families, the child maintenance service will have jurisdiction to decide child maintenance and not the UK family court. In some cases, the court and the CSA have jurisdiction. For example, if the CSA has made a maximum award, a parent can ask for top-up maintenance from the court. In other situations, only the court can make a child maintenance order. For example, if maintenance is for a stepchild. Our child support lawyers can explain the jurisdiction issues and how they apply to your family circumstances.

Voluntary arrangements vs child maintenance service/family court jurisdiction

Parents have the option of agreeing to child maintenance payments between themselves (a voluntary arrangement) or asking the CSA to carry out an assessment or, if the court has the power to make an order, asking the court to make a child maintenance order. What is best for you depends on your family circumstances.

Calculating child support and the impact of shared care and pensions

When child maintenance is calculated by the CSA, the amount is based on the paying parent’s gross income but the amount payable depends on the number of children the maintenance is being paid for and allowable deductions.

If parents share the care of their children the CSA rules say no child maintenance is payable even if one parent earns less than the other parent. The CSA rules can lead to shared care disputes between parents because if a paying parent has overnight contact their child maintenance bill is reduced using a CSA contact formula. Payments are also reduced if the paying parent pays into a pension. Our child support lawyers can help you work out how your payments could be affected by contact or pension payments.

Resolving paternity issues

Where paternity is disputed this will need to be resolved so the CSA can make an assessment or the court can make a child maintenance order. DNA testing can quickly resolve paternity disputes through voluntary testing or by a paternity court application.

Court applications for school fees and disability costs

Whether a CSA assessment is in force or not a parent can ask the court to order that the other parent pay private school fees or the extra costs associated with a child’s disability. Court applications can be made as the CSA does not have the power to order extra child maintenance to pay for school fees or extra items needed for a child with a disability.

Court applications for top-up child maintenance

When the CSA has made a maximum CSA award your child support lawyer can ask the court to order top-up maintenance. The court will not use the CSA formula to decide on the amount of extra child maintenance payable. Instead, the court will consider the child’s needs taking into account a range of factors including the standard of living enjoyed while the family was living together.

Child support applications for special cases (stepchildren, overseas parent)

In family situations where the CSA does not have the power to make an assessment, a parent can apply to the family court for child maintenance. Examples include stepchildren who have been treated as children of the family or if you are an international family and there are CSA jurisdiction issues.

Reviewing child support levels due to changed circumstances

Child maintenance can go up or down as the amount will depend on the paying parent’s income, the frequency of overnight contact visits, pension payments and other factors.

The level of child maintenance can be reviewed by agreement if payments are made voluntarily or by making a CSA or court application. There are rules on when CSA assessments and court orders can be reviewed and the procedure so it is best to talk to a child support lawyer for advice on how child support law applies to your circumstances.

Enforcing child support payments

If child maintenance is not paid then payments can be enforced if they are being made under a CSA assessment or court order. If payments are being made voluntarily you will first need to secure a CSA assessment or an order.

Legal advice during mediation for children law rights

If you are trying to reach an agreement on parenting arrangements and contact, financial settlement or child support, our child maintenance solicitors can provide the specialist legal advice you need during family mediation so you understand your rights and obligations and have the confidence to negotiate in mediation.

Representation in child maintenance tribunal cases and court proceedings

It is not always possible to reach a voluntary arrangement on child maintenance or a financial settlement. Our child support lawyers have the experience and expertise to represent you in child maintenance tribunal cases and court proceedings for child maintenance, financial court orders or child arrangement orders.

Resolving child support and parenting issues (education, relocation)

Parenting disputes are sometimes linked to disputes on child maintenance payments. A parent may object to a child being privately educated or the level of financial support may need to be reviewed if a parent is relocating and overnight contact will reduce. Our children law solicitors can help you secure the orders you need, such as a specific issue order, child arrangement order or school fees order.

Child Maintenance FAQs

How much child maintenance should I pay?

Child maintenance payments are based on your income but complicated rules then adjust the amount payable through allowable deductions.

Our child support solicitors can give you guidance on the likely CSA assessment figure if a CSA application is made and advice on how the amount you pay in child maintenance may impact other things, such as spousal maintenance or the overall financial settlement in divorce proceedings.

Can my ex refuse to pay child maintenance?

An ex can refuse to pay child maintenance for a variety of reasons. For example, if paternity is disputed or they have lost their job. Our child maintenance solicitors can advise on how best to enforce child maintenance payments.

When does child maintenance stop?

If child maintenance is being paid under a CSA assessment your child maintenance will stop when:

• Your child is 16 or
• Your child is 20 if they are in approved education or training or
• The CMS assessment is cancelled. For example, because your child comes to live with you

Different rules apply if child support is paid under a court order.

How to stop paying child support when child turns 18

Whether you can stop paying child support when your child turns 18 depends on your child’s circumstances and whether you are paying child maintenance under a CSA assessment or a court order. It is best to speak to a child maintenance solicitor before stopping your child support payments.

Why choose OTS Solicitors for child maintenance advice?

At OTS Solicitors we help you with all your family and children law needs so you get comprehensive advice on parenting arrangements,  child arrangement orders and financial settlements. That’s vital as normally you need joined-up child maintenance legal advice that takes into account your family circumstances from solicitors specialising in child maintenance.

Get in touch with our child maintenance and support solicitors today.

For legal advice on child maintenance, you can talk to us at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our child maintenance solicitors in London.