Child Support and Maintenance

Child Support and Maintenance

Most divorces arise from one partner’s decision. It can also happen that both partners make this decision together. Either way the responsibilities of being a parent do not end with divorce. 

When divorcing, for whatever reason, there will inevitably be difficult decisions to make. For example Who will pay the child’s higher education or maintenance costs? Parents may well also start to ask When will it end?. 

In the UK Child maintenance can be arranged in several different ways. As follows:

  • Parents arrange payments via direct pay, in which case the Child Maintenance Service (CMS) calculates the amount that needs to be paid. CMS charges a £20 fee, along with some additional costs. 
  • Collections and Payments. Here Child Support and the CMS calculate how much needs to be paid, collects the money from one parent, then pays the other. 
  • Free arrangements between parents.
  • Court-ordered arrangements are suitable when the parent who cares daily for children receives little or no support and cannot negotiate with the paying parent due to the high expenses involved, such as private school fees. Seeking a court’s intervention can be costly however so this route should be avoided unless absolutely necessary.

Why is there a need for child maintenance payments? 

Child maintenance payments ensure that both parents contribute to their child’s upbringing and their well-being.

Parents may agree on payments privately. In general, however, the Child Maintenance Service (CMS) calculates it on their behalf. 

Given that a resident parent is responsible for the child’s daily care, the non-resident parent is obliged to pay a percentage of their monthly earnings to the resident parent.

When there is joint residency, this situation differs. Payments will be reduced if a non-resident parent cares for the child on a part-time basis.

Shared care will be considered if a child stays for at least one night a week with a non-resident parent. 

Maintenance can be reduced as long as the basic rate is used. A weekly maintenance amount is reduced by one seventh, for each night the child spends with the non-resident parent. 

What triggers child maintenance payments?

1. In general, it’s the parent with custody of the child who initiates the payment process i.e. the resident parent seeks child maintenance from the non-resident parent. The maintenance contract becomes effective immediately the non-resident parent is contacted.

Maintenance becomes binding on the exact day the Child Maintenance Service detects that a non-resident parent has ignored all forms of contact. 

Non-resident partners sometimes apply to the CMS for reasons that are well-known. When this happens the countdown begins when the application is submitted. Child Maintenance payment dates are fixed and begin automatically and cannot be changed. 

2. Maintenance payments can be initiated by the court. This occurs when an application is made to the court, rather than the Child Maintenance Services.

A court’s order generally constitutes the commencement date however it is possible for the court to backdate payments to as early as the application date. 

Exceptions to these rules exist however. The court can backdate orders for up to six months following the end of a CMS nomination.  

3. When an order is in place by the court, and either party applies to the CMS, the order will be knocked back by two months, two days after the application is submitted. 

4. When the court makes a different order to an earlier one, there’s an exception. Payments can be backdated to a specific date if deemed appropriate by the the court.

In the UAE, child maintenance can be claimed from the local Court who will instruct a local advocate to make an application on your behalf.

Frequently Asked Questions Regarding Child Support and Child Maintenance

Aramas International Lawyers brings over 20 years experience in International Family Law. We have some of the most frequently asked questions regarding Child Support and Child Maintenance.

Who holds parental responsibility?

Usually this is held by both parents, however guardians and grandparents can also hold parental responsibility. A person who holds parental responsibility doesn’t have to oversee all a child’s daily activities, for example deciding whether they can see friends. When dealing with matters in family law the court puts the child’s welfare first so if you are considering applying for parental responsibility it’s important to first get legal advice.

Do I have to pay maintenance if my child lives abroad?

Parents are obliged to maintain their children no matter the amount of time they spend with them, or in which country they live. However it can be difficult to enforce international payments. Parents cannot enforce informal arrangements; they must be legally binding.
 
Reciprocal Enforcement of Maintenance Orders (REMOs) are agreements between countries used to help enforce financial maintenance payments from a parent.
 
They can help parents in the UK recover child maintenance if the other party lives abroad. 101 countries have a REMO agreement with the UK. When making a REMO application it will be enforced according to the laws of the country of the paying parent.

If the parent responsible for maintenance payments works for a British company abroad the UK has authority over these companies and maintenance can be enforced in the UK. Where no REMO agreement exists it can be more difficult to enforce repayments since the local courts often have some jurisdiction.

I am an unmarried expat with a child and separated from my partner. Can I claim child maintenance?

It’s a common misconception by expats that they can only make a financial claim for a child if they live in the UK or are married to the other parent. If you are not married there is a claim in the UK you can bring under Schedule 1, Children Act 1989. This allows you to claim for maintenance, school fees, lump sums or transfer of property.

Orders to do with children are only available in the country in which they are habitual residents – this applies to welfare or where they should live. However this isn’t the case for financial claims. Unmarried British expats or those with connections to England can potentially make a financial claim through the UK courts for their children.
 
In the UAE there is no financial provision to a parent if they are not married and it is impossible to bring a claim in the UAE for financial redress relating to a child. It might be possible to make a claim in England or Wales if you live in a European jurisdiction or if you have a sufficient connection to that country (as evidenced by family, nationality, or work).
 
If you and a former partner live in Dubai for example but never married you might be able to claim if you can establish jurisdiction in England or Wales.

How is maintenance calculated?

If you live abroad the Child Maintenance Service in England won’t be involved in your maintenance claim so it won’t be calculated as a fixed percentage of a payers income.

Maintenance is worked out based on the financial needs of you and your children and on how much your partner earns. If you are British or have English or Welsh connections, maintenance can be calculated under English law which can be preferable to having it calculated under the laws of the country you live in. Always seek legal advice to see which country’s laws are more beneficial to you

I was very emotional on the beginning of my journey with Arams Law. Very clever, well organised and strong lady, knew how to get my trust and help me get this uncomfortable situation through. With very professional manners she knows how to protect those who need to be protected and approach justice. Thank you for everything. I will always recommend.

Anna Walukanis
International Divorce

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CHILD SUPPORT AND MAINTENANCE

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