Child Maintenance Exposing the Myths
This section is designed to answer your questions and concerns about the difficult subject of children and divorce and child maintenance.
Unfortunately in our society today all too many relationships breakdown and one of the most emotionally challenging aspects is how to deal with the children and the issues around child support on divorce and separation.
What many people are unaware of is that when the Government introduced the Child Support Agency (CSA) in the early 90's the Courts lost their powers to deal with maintenance for children. The courts can now only make maintenance orders for children in a limited number of cases:
- Where the parents both apply to the court for an ‘order by consent’
- Where a child is in full-time education and there are school fees to pay
- Where a child is undergoing vocational training or an apprenticeship and there are expenses to pay
- Where a child is disabled, and there are care costs
- Where the other parent lives abroad on a permanent basis
Even in cases where the parties have agreed not to divorce just yet, but to enter into a formal, written separation agreement child maintenance can be incorporated into such an agreement and the terms and provisions of that agreement can be ‘converted’ into a consent order in a subsequent divorce. The Role of the Child Support Agency (CSA)
Today the Child Support Agency deals with maintenance for children in most circumstances. This also means that lawyers cannot help very much if the CSA has already made an assessment and the father refuses to pay, or makes excuses.
At this point the responsibility rests with the CSA to take action, by taking the non-payer to Court to make them pay by, for example, asking the Court to make an Attachment of Earnings Order so that the money is stopped out of the father's wages each week.
There are restrictions on what the CSA can deal with. They cannot for example deal with maintenance for children over 17 years of age unless they are still in full-time secondary school education.
Where a father is living abroad, the CSA can, in theory, enforce payment by i) getting a Court order and ii) getting it enforced by local law enforcement authorities. They can send orders to all EU states, USA, Canada, Australia, New Zealand and some others but they actually never do this because it costs them too much money, but as set out above, you can personally apply to the court for a maintenance order in these circumstances.
How can your lawyer help?
A lawyer can expertly assess your personal circumstances, and advise you whether it is better to make an application to the courts, or leave things to the CSA, but you should seek advice as early as possible, so that we can help you to make the right decision for your children.
Remember, a CSA assessment may be better for you than a court order, or vice versa but once either is made, there are long-term implications for children and you may need help to choose the best option.
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