Practice Areas

Matrimonial, Divorce and Family Law

We are solicitors in London WC2 UK

Our lawyers advise on all aspects of family, divorce and matrimonial law including ancillary relief and child maintenance orders

Divorce and Family Law

Court Orders for Maintenance of Children in Ancillary Relief

Most financial settlements involving child maintenance will be dealt with by the Child Support Agency.

The Child Support Agency defines a child as being:

•	Under the age of 16 or
•	Under the age of 18 but still in full time education or
•	Under the age of 18 but satisfying certain conditions about being available for work and training.

The amount of maintenance to be received will be based on several factors, such as the non-resident parent’s after-tax earnings, the number of nights the children spends with each parent and how many children there are. The CSA is able to calculate maintenance on the net income of the non-resident parent only up to £2,000 a week. The non-residential parent will pay 15% of their net weekly income for one child, 20% for two, and 25% for three or more. A top-up order from the court may be obtained if their wages are higher than this.

It is also possible to get a separate order from the court for school fees and needs of disabled children. In most cases, the maintenance should cover the children up to the end of their secondary education.

Sometimes, the child may be ‘shared’ between the two parents and will stay overnight with the NRP (non-residential parent) from time to time. In which case, the amount of maintenance the parent with care receives will be reduced by the CSA depending on how many nights the child spends with the non residential parent (see table):

Nights per annum with paying parent

Fraction to subtract

<52
52-103
104-155
156-174
175+

Nil
14.29%
28.57%
42.86%
50%

and deduct further £7 per week per child.

The Child Support Agency will not have jurisdiction if:

•	A written maintenance agreement made before 5^th April 1993 is currently in force
•	A child maintenance order made before 3 March 2003 is already in force
•	A child maintenance order made after 3March 2003 has been in force for less than a year
•	The parents have not yet separated or are still living at the same address
•	The matter involves step children
•	If the children are 18 or over
•	If a parent does not live in the UK or is employed overseas by a UK registered company or the Crown
•	Where maintenance is sought by the parent who is deemed to be the ‘non residence parent’ by the CSA.

In such cases, the matter will be under the jurisdiction of the Court.

To discuss your own situation or to make an appointment, contact one of the lawyers in the Matrimonial department, Lisa Bolgar Smith or Eleanor Hoare on 020 7242 7000 or use the Contact Request Form.

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© Ambrose Appelbe 2004-2008
This web site contains general information only and does not constitute legal advice. You should take suitable advice as to your specific circumstances. Ambrose Appelbe accepts no responsibility and disclaims all liability in relation to such information.