Child Maintenance - What are the options?
When parents separate, child maintenance is just one of the many issues which needs to be resolved. It is important that a parent with care of the children ensures that they secure regular maintenance from the non-resident parent.
Most parents are familiar with the Child Support Agency (CSA). Over recent years this agency has come under serious criticism. In response to this the Child Maintenance and Other Payments Act 2008 has been implemented, in a bid to completely overhaul the Child Maintenance system in Britain.
The new Act has a number of aims but in particular it looks at reducing child poverty and promoting parental responsibility by encouraging parents to make their own arrangements if possible. The new Act also introduces much tougher enforcement methods for those parents who fail to make payments. These measures include deductions from earnings, deductions from accounts, lump sum orders, disqualification from travel, commitment to prison, disqualification from driving and curfew orders. These enforcement methods will be overseen by the Child Maintenance and Enforcement Commission (CMEC). It is hoped that these enforcement provisions will come into effect 2009/2010.
Perhaps most importantly for non-resident parents the new Act amends the child maintenance calculation currently used by the CSA. In 2011 the new maintenance calculation will come into force and will be based upon gross weekly income as opposed to net weekly income. The current calculation, which is a percentage formula, is applied at 15% for one child, 20% for two children and 25% for three or more children. The new rules break down this formula into two parts. The first part looks at the weekly income between £200 and £800. Where applicable the second part looks at weekly earnings of the non-resident parent above £800. Percentage formulas, dependant on the number of children involved, are applied to each part.
So what are the options available to parents? Do you have to use the CSA?
You do not need to use the CSA. Listed below are the available options.
1. A private agreement between parents
2. Applying to the Court for a Consent Order
3. Arrangement with the CSA
The suitability of each method above will very much depend on the individual families involved. A private agreement can be a way of building trust and preserving relations between parents and of course it is free. Agreements are more likely to work longterm where parents feel that decisions have not been imposed upon them by solicitors or the Court. However this option is unlikely to be successful where relations between parents are poor, for parents who want to keep their address/whereabouts private or when the non-resident parent is reluctant to give financial information.
A private agreement can be turned into a Consent Order. This is an official ruling by
the Court. This option is attractive to those parents who want more security. The Court has a number of enforcement options for those parents who fail to make payments. However, this method maybe expensive in terms of solicitors fees as well as Court fees. For those with limited means legal aid may be available. Parents should also be aware that once a Court Order is in place they cannot ask the CSA for assistance within the first 12 months of the Court Order.
Where parents simply cannot agree then the CSA is the next option. This option is very attractive for those parents who may have suffered from domestic abuse or violence and wish their whereabouts a secret. Where a non-resident parent is reluctant to take responsibility or will not pass on contact details, the CSA can obtain this information from the government. Despite these advantages arrangements with the CSA can be inflexible and time-consuming.
If you have any doubts about what your options are or what arrangement might be best for you, then Stones will be able to assist. If you are on a low income then we are able to assess you for Legal Aid.