Child support or child maintenance is the financial support paid by a "separated" not necessarily divorced or divorcing parent and is paid to the parent with whom the child resides. It is not arranged as part of the divorce settlement (courts no longer have powers to order any child maintenance or support, except by agreement of the parties) but the Courts will want to be sure that adequate arrangements have been made.
Clough and Willis Family Law Solicitors has two Resolution accredited experts in Family Law and can offer legal advice and information on child support and maintenance.
Child Maintenance Enforcement Commission (CMEC)
The Child Maintenance Enforcement Commission (CMEC) as of 1 November 2008 now has responsibility in the United Kingdom for the calculation, enforcement and payment of child support. The Courts retain jurisdiction in respect of applications for child support concerning stepchildren, fostered children and where the Commission has made the maximum possible assessment.
For more information regarding the CMEC we recommend you follow the web page links below.
However, one important change is that from 27 October 2008 if a parent with care claims benefits they are no longer required to use the CMEC and may make their own arrangements with the other parent. However, it is the responsibility of the parent with care to inform Jobcentre Plus/Benefits Agency the maintenance they receive.
The CMEC does not just provide a statutory maintenance assessment, collection and enforcement service as the Child Support Agency (CSA) did. It has three core functions as follows:-
- To promote the financial responsibility parents have for their children
- Provide information and support as to the different maintenance options available
- To provide an efficient statutory child maintenance service, with effective enforcement
The CMEC will continue to have the tools and techniques available to the CSA including Deduction from Earnings Orders, Liability Orders, bailiffs, Third Party Debt Orders, charges on property, obtaining orders for sale on property, driving licence disqualification and imprisonment.
However, additionally it will have new powers including deduction of maintenance/maintenance arrears from bank accounts without the requirement to apply through the courts;
If you would like to arrange an appointment with Clough and Willis Family Law Solicitors to discuss your rights as a parent in children disputes, please phone 0161 761 4730 or contact Lee Marston, lee.marston@clough-willis.co.uk or Marie Whittaker, marie.whittaker@clough-willis.co.uk.
