CALCULATING THE CHILD MAINTENANCE

When the Child Support Agency is involved a formula is applied in order to calculate the maintenance payable in respect of the child by the non-resident parent.

The pre-CPSSA Formula 2000

This was very complicated and was revised annually to come in line with income support. The new formula is simpler and is based solely on the non-resident parent’s income net of tax and national insurance, pension payments and the number of children for whom that parent is responsible.

The rates are called the basic rates, the reduced rate, the flat rate and the nil rates.

Shared care

Where there is shared care the maintenance contributions will be reduced. This will be dependent on the number of qualifying children and the amount of time they spend in the care of each parent.

Interim orders

These are:

• Maintenance pending suits;
• Interim lump payments/property adjustment orders;
• Variation of orders.

Maintenance during divorce proceedings

As the main financial settlement of a divorce is not made until the decree nisi and does not apply until the decree absolute, the court will allow you to claim what is known as a maintenance pending suit (MPS).

These are periodical payments, which are either made to the petitioner or the respondent under Section 22 of the Matrimonial Causes Act 1973 as amended by the Family Law Act 1996 while the divorce is going on.

MPS can be sought at any time after presentation of the petition. However this needs to be done as soon as possible as it may take several weeks for the judge to consider the application and grant any order. However the order can be backdated to when the petition was filed.

To obtain an MPS order:

• Obtain an application form from the court office.
• Also from the court office obtain an affidavit form, on which you must specify your means supported by pay slips, etc.
• The district judge at the directions hearing will issue directions about the evidence required.
• The other side has to be served with an application and must swear the affidavit declaring their means and needs.
• Payments can be made either weekly or monthly.

How to enforce the payment of maintenance

What happens if your maintenance payments are not made? There are various methods of enforcing maintenance payments through the county court. You can also make a claim through the magistrates’ court, unless it was originally set up in the county court.

You take a copy of the original order for the county court. The court will then become the recipient of the payment and once the court receives the money they will pay it to you.

If you make a complaint to the court, or if the payments are in arrears, the court will have a hearing to investigate the means of the person who should be paying.