English Divorce Law and Child Maintenance Payments

In divorce cases where there are children involved the wellbeing of the child always becomes the number one priority.  Arrangements for both residence and contact orders will be made by the court with the welfare of the children being the main factor in their considerations.  Once these are decided child maintenance payments will become the main issue.

The size of child maintenance payments will be decided by the Child Support Agency (CSA).  Child maintenance payments will be based on the size of assets and level of income with the non-custodial parent being the focus of investigations.  The CSA will look at factors including living expenses such as food and utility bills as well some other costs such rent or mortgage payments.  All of these will be deducted from the person's income to give their 'accessible income'.  From this accessible income the CSA deems up to half of it to be available for child maintenance payments.

There is no maximum limit set for maintenance payments but there is a minimum.  For people who struggle to meet payments government help in available.  On average the typical maintenance payment amounts to £40 a week.  In situations where there has been a change in circumstances such as redundancy or illness then the CSA may reassess the arrangement.

Not all cases are referred to the CSA and where possible the divorcing couple can make arrangements as part of the divorce process.  However arrangements such of these may only stand for 12 months after which either party can apply for an alteration of the payments and refer the matter to the CSA.

About the Author:

Premier Divorce Solicitors, Manchester specialise in all aspects of divorce law including ancillary relief and prenuptial agreements.