Child Maintenance & Support – Family Lawyers Dot Co
Parents have a legal obligation to financially support their children until the age of 19 or completion of full-time secondary education, whichever is the earlier. This is achieved by child support payments.
The absent parent is expected to pay maintenance for the children. If this is paid voluntarily there is no need to involve the Child Maintenance & Enforcement Commission (previously called the Child Support Agency.) If an acceptable voluntary agreement cannot be achieved a referral to the Child Support Agency can be made. Such an application can be made on an interim basis and is designed to assist the parent receiving the support during divorce or civil partnership dissolution proceedings.
Claiming Maintenance from a Spouse or Partner
In certain circumstances it is possible for one party to claim maintenance from the other in order to increase their income. When seeking to obtain a maintenance order through the courts it is important to realise the following:
Each case is decided on its own merits
Consideration must be given as to whether it is appropriate to grant a maintenance order or not. This will depend on the circumstances of the individuals involved in the case.
Maintenance orders can be made upon a termed basis, for example:
For a specific period of time;
Until either party dies
Until the receiving party remarries or enters into a civil partnership
Until there is a further court order.
Once made, a maintenance order can be varied upward or downward in the future depending on either partys financial needs and the wording of the original order.
Prevent any Future Maintenance Claims with a Clean Break
Should there be ample capital available, it may be advantageous to provide your spouse or civil partner (who would normally receive maintenance) with more of the capital available. This is known as a Clean Break.
A Clean Break will bar either party from claiming maintenance against each other in the future.’
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