Child
Maintenance
Child maintenance is usually dealt with, if not by agreement, with reference to the Child Support Agency (CSA). The CSA refers to parents with care (ie the main carer for the children) and to non resident parents (ie the parent who does not normally live with the children).
The rules regarding child maintenance are changing following the introduction of new legislation. Previously, the scheme whereby non resident parents provide child support to the parent with care was administered by the CSA.
The changes in the law are being brought in on a piecemeal basis. A new body has now been introduced called the Child Maintenance and Enforcement Commission (CMEC). It is gradually taking over the role of the CSA. At present CMEC oversees the functioning of the CSA. The existing CSA schemes will close by 2013/2014.
The way that child support is calculated is also changing. Under the existing scheme, a non-resident parent is required to pay 15% of their net income for one child, 20% for two children and 25% for three or more children. In 2011 the formula is due to change so that it is based on gross income and it will be applied using two bands depending on how much the non-resident parent earns per week.
The new law also encourages parents to enter into private maintenance agreements with each other. Where this is not suitable parents can opt to use the scheme instead.
In terms of enforcement, the new law gives CMEC greater powers to take action against those who do not pay. These include, for example, the power to take money from bank accounts and even to disqualify someone who does not pay from driving.
In certain circumstances the Court may be able to make orders for child maintenance. For instance, if the non resident parent has a significant annual income, or lives abroad, the Court may be able to make orders in relation to the payment of maintenance for children. We can advise you if this is appropriate or necessary in your circumstances. |
