If you are searching for child maintenance solicitors, our family law team are here to help. We have assisted countless clients in ensuring that their children receive the financial support they need when their relationship breaks down. We speak your language, and we will guide and support you through the process with care and empathy.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
“Totally satisfied with house call, help and information supplied by friendly and helpful staff.” (Mr L Smith)
What Do Child Maintenance Solicitors Do?
Child maintenance solicitors play a key role in ensuring the financial welfare of children whose parents separate or divorce. They have an in-depth understanding of how the child maintenance service works, as well as the wider legal principles of family law and practice.
What Is Child Maintenance?
Child maintenance refers to payments made by one parent to the other. The parent who receives the money is the child’s primary caregiver, and the funds are intended to assist them with the child’s day-to-day living costs, such as food, housing, and clothing.
How Is Child Maintenance Calculated?
The Child Maintenance Service is responsible for working out how much child maintenance a parent should pay. To do so, it typically follows these six steps:
• Calculating The Paying Parent’s Gross Annual Income
The Child Maintenance Service will calculate the paying parent’s gross annual income by reviewing HMRC records. It will include certain benefits the person receives in its calculation.
• Considering Any Payments That Effect The Paying Parent’s Gross Income
The Child Maintenance Service then checks for anything that could impact the paying parent’s gross income. This might include any payments they make to support other children.
Either parent can request that the Child Maintenance Service takes other factors into consideration when calculating the gross income. If you are the receiving parent, you might ask that rental income, dividends, or shares, be factored into the paying parent’s gross income. If you are the paying parent, the types of expenditure you might ask the Child Maintenance Service to consider include the fuel costs you incur when visiting your child or the contributions you make to the home you shared as a family.
Once it has considered all relevant matters, the Child Maintenance Service will convert the paying parent’s gross income into a weekly figure.
• Applying The Appropriate Child Maintenance Rate
The Child Maintenance Service will apply one of five rates, depending on the paying parent’s gross income. Some rates are flat, while others are calculated according to a specific formula.
• Considering If The Paying Parent Already Supports Other Children
If the paying parent has other children to support, the Child Maintenance Service will take those payments into account when calculating the amount they should pay.
• Calculating The Weekly Amount The Paying Parent Must Pay
This step involves the Child Maintenance Service using the information collected in the preceding steps to calculate the weekly maintenance amount that the paying parent should pay.
• Considering Any Shared Care Arrangements
Shared care arrangements are when the paying parent has their child staying overnight with them. If the child stays for 52 nights or more a year, or the paying parent is subject to a flat, basic, or reduced child maintenance rate, the Child Maintenance Service might reduce the amount they must pay.
Can You Appeal A Decision Of The Child Maintenance Service?
Yes, if you disagree with the decision of the Child Maintenance Service, you can ask it to reconsider your case. This is known as ‘mandatory reconsideration’. The grounds on which you can request mandatory reconsideration include if you think the Child Maintenance Service has missed important evidence, made an error, or you disagree with its reasons for the decision.
Can You Ask The Court To Intervene?
The Child Maintenance Service, not the Court, generally had jurisdiction over child maintenance matters. However, there are some limited exceptions. For example, if the paying parent’s gross income exceeds £156,000 per year, the receiving parent can apply to Court for top up maintenance.
How Can Child Maintenance Solicitors Help?
At Birch & Co., we firmly believe that family law issues are best addressed in a constructive manner. We always encourage our clients to resolve the matters arising from their separation, including child maintenance, through agreement with their ex-partner wherever possible.
Our child maintenance solicitors have a proven track record of securing excellent settlements for our clients using alternative dispute resolution methods, like mediation. These methods are quicker and less expensive than litigation and put less strain on the parties and their family. Utilising them allows our clients to focus their energy and financial resources on supporting their child through the breakdown of their parents’ relationship and building a positive future rather than costly and time-consuming court proceedings.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
“I cannot fault the professionalism and helpfulness throughout what has been a difficult time. I would not hesitate to use your services again and would recommend you to others.” (Mrs Surtees)
