Child Maintenance

Child Maintenance

Maintenance

Child maintenance is payable in most cases regardless of marital status, the government provide a handy calculator here: Calculate your child maintenance – GOV.UK (www.gov.uk)

Since 25th November 2013 all Child Maintenance calculations are worked out as follows:

Stage One

  1. A “nil rate” for payers who fall into certain categories, such as students and those with an income of less than £5 per week;
  2. A “flat rate” of £7 per week for paying parents with a gross income of less than £100 per week or in receipt of certain prescribed benefits;
  3. A “reduced rate” for paying parents with a gross income of between £100 and £200 per week;
  4. The basic rate:
    For income up to £800 per week
    12% for one qualifying child;
    16% for two qualifying children;

 

  • 19% for three or more qualifying children;

 

  1. And for income between £800 and £3,000.00 per week:
    9% for one qualifying child;
    12% for two qualifying children;

 

  • 15% for three or more qualifying children.

 

Stage Two

Where the non-resident parent is living in a household where there are other dependent children the income will be reduced in the following proportion before the calculation is carried out:

  • 11% for one other relevant child
  • 14% for two other relevant children
  • 16% for three other relevant children

 

Stage Three

Where the non resident parent shares the care of the children, the payments will be (further) reduced by the following proportions based on the number of nights the children spend with them:

  • 1/7 for 52 to 103 nights per year
  • 2/7 for 104 to 155 nights per year
  • 3/7 for 156 to 174 nights per year and
  • ½ plus a further £7 for 175 + nights per year

Once an initial calculation has been carried out, either parent can apply to the CMS for a variation application and the CMS may take into account “Special Expenses” which can include costs of contact, costs relating to disability etc.

The Child Maintenance Service are not known for their efficiency or helpfulness, my advice is to keep a record of every conversation that you have, details, times, person spoken to and outcome.

If you feel as though you are not being heard then I recommend a complaint to your local MP, they can write to the CMS on your behalf, this usually results in a quick resolution.

Find you local MP here: Find your MP – MPs and Lords – UK Parliament

Contact RJS Family Law Solicitors Telford to arrange an initial consultation.