Having been through an extremely acrimonious and also public divorce myself, I understand first-hand the difficulties involved in the breakdown of a marriage, especially when there are children caught in the middle of it.
I therefore cannot stress enough, the importance of seeking early legal advice especially when it comes to the agreement of child maintenance arrangements and the overall financial provisions on divorce, providing stability and security for both parties and ensuring the well-being of any dependent children. There is a legal obligation for both parents of any dependent child to financially support them while they grow up. Regular financial payments must be made towards a child’s living costs and everyday needs. Due to acrimonious and complex break ups, ex-partners often find it difficult to come to an agreement on such payments.
Child maintenance can be arranged in the following ways:- Family based arrangement. Child Maintenance Service (CMS). Court Order.
A family based arrangement is usually quick and easy and involves both parents agreeing their own terms as to the amount of child maintenance to be paid and how often it will be paid. It is an informal and private arrangement with no court involvement and generally not legally binding. This means that if payments are reduced or stopped without mutual consent you cannot use the legal system to enforce it. Such agreements are useful when the separated parties maintain an amicable relationship.
If the separated parties are unable to agree a family based arrangement or the arrangement has broken down, then either party can ask the CMS (government scheme) to put in place an arrangement which is enforceable. They will calculate how much you should pay or will be paid to you. This is problematic as they can only calculate child maintenance based on incomes up to £3,000 per week (gross), and based on the income declared to HMRC for self-employed parents. Payment is made either directly by one parent to the other or by collect and pay whereby the Child Maintenance Service will collect money from one parent and transfer it to the other parent, the paying parent will incur charges as a result of CMS becoming involved. Any missed payments are enforceable. In limited situations a Court can deal with applications for child maintenance, this may be necessary in complicated situations. A court order may be appropriate for such cases as:
If paying parent lives outside the UK.
If there are additional expenses due to the children having disabilities or school fees.
If the paying parent has an exceptionally high-income exceeding amount considered by the CMS. Domestic abuse/Families involving stepchildren.
In the wake of the Coronavirus pandemic, many separated couples have been affected by further financial strain facing reduced pay or no pay at all. As a result, there are genuine circumstances in which a parent’s ability to pay child maintenance may be reduced, however, paying child maintenance is a legal requirement and both the CMS and the Courts can take enforcement action against non-paying parents such as liability orders, removal of passport or imprisonment.
If you are struggling to agree a financial agreement following the breakdown of your marriage, or child maintenance arrangements, please contact Sweeney Miller to arrange a consultation on 0345 900 5401 or email, enquiries@sweeneymiller.co.uk. We can deal with your separation and/or divorce from the outset to ensure that you understand the process before entering into any financial negotiations with your former partner.
