Divorce: Maintenance for children |
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| Introduction |
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| This is one of many Net Lawman information articles about divorce. You can find links to the others at the end of this article. |
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| In the vast majority of cases the amount of maintenance to be paid will be determined by the Child Support Agency (CSA) or by mutual agreement and not by the court. The parent with whom the children do not live most of the time (non-resident parent) is expected to pay a percentage of his/her income towards the upkeep of the child. |
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| How much to pay |
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| Roughly, this is calculated as follows: |
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- 15% of net income for 1 child;
- 20% of net income for 2 children;
- 25% of net income for 3 or more children.
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| Before making this calculation, the CSA will take into consideration several things, including the following: |
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- Time spent with non-resident parent (if more than 52 nights per year);
- Any other children the non-resident parent supports financially;
- If the non-resident parent is making other payments that benefit the child, such as school fees or mortgage repayments;
- Any travelling costs the non-resident parent has to enable him/her to see the children.
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| If the non-resident parent is on a very low income, s/he might only need to pay a nominal amount or even nothing. Any earnings over £2000 per week are not used in the calculation. |
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| How do I find out the exact amount? |
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| As there is nothing to stop either parent from applying to the CSA at any time for an assessment, it is helpful to have a clear idea of the exact amount from the beginning. It will help you when working out other financial matters, such as maintenance for either of you and what is to happen to the home. The CSA website has an on-line calculator as well as more detailed information about their role and powers. There is a link at the end of this article. |
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| Agreeing maintenance |
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| You can, of course, agree maintenance to be either higher or lower than the CSA amount but remember that an application to the CSA by either of you may well alter that amount. If the resident parent is on state benefits, you are unlikely to agree to maintenance that is lower than the CSA assessment. |
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| Cases where you may need a court order |
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| In the following situations, it might be easier to get a court order: |
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- Where the children are living or are going to live abroad;
- For a ‘top up’ where the non-resident parent’s income is over £2000 per week;
- For extra money to meet a child’s special needs;
- For stepchildren who have been treated as ‘children of the family;
- For children over 16 (but under 18) in full-time education or training;
- For school fees.
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| What next? |
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| Should you have any further questions, our family law specialist will be able to help |
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| Examples of consent court orders are available from us, together with detailed guidance notes that will enable you to apply for your consent order without the need for a solicitor. |
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| Important note about your will |
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| When you were married, your old will became void. This does not happen on divorce or separation. If you never had a will anyway, maybe it is time that you did. We provide a range of template will documents to suit everyone, with loads of advice and over thirty easy-to-read free information articles about aspects of wills and tax. More. |
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| Net Lawman separation documents can be found here.Separation Agreements |
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| You can find links to information on wills here.Legal Wills |
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