Financial Arrangements for Children
Where parents can agree child maintenance issues then (unless one parent claims certain benefits) no application to the Child Support Agency is necessary.
However, in cases where agreement is not reached then the Child Support Agency generally has exclusive jurisdiction to deal with child maintenance. The CSA calculates child maintenance in accordance with a formula. We can assist with child support calculations, including in the more complicated cases where children live in different households or shared care arrangements must be taken into account or where a variation application may be appropriate, for example because of family debts or where one parent’s lifestyle is inconsistent with his or her declared income. We can also advise you as to cases where the court may retain jurisdiction to deal with child maintenance issues, for example in cases of high income parents, or to meet the costs of education or disability. The CSA will only have a role in cases where the children are under 16 (subject to an adjustment period of a few months after they leave school) or under 19 if they are still in education. The courts have power to make orders for the support of children who are aged 19 or above but still in education or suffering from a disability.
The courts also have powers to make lump sum orders to benefit children or young adults who are still in education or where other special circumstances apply. The court can even order property to be transferred for the benefit of a child. This provision can be useful where parents have not been married and therefore the divorce law cannot be used to ensure proper housing for children while they are still dependent.
Franklins can assist you with any queries concerning financial arrangements to be made for children or young adults.
The above information is intended to provide a general guide only. Advice as to your specific circumstances should always be taken.