Child Support

Child support legislation The purpose of legislation is to make an assessment, collection, and enforcement of maintenance payments by parents for children who are not in their care. Where in the context of divorce, separation, or otherwise arrangements regarding the maintenance of children would be referred for assessment to the Child Support Agency.

The courts retain powers in relation to periodical or lump-sum payments and property settlements for children in the context of matrimonial proceedings.

The child support legislation is based on the principle that the absent parent is also responsible for the maintenance of a child. Parents include both the mother and father, including the father of a non-marital child. There is a statutory duty on absent parents to make periodic payments in respect of the child. The parent who seeks maintenance must provide the necessary information to locate the parent, assess the maintenance, and enforce it.

The legislation is designed to ensure that whether the parties are married or not, they do not seek to avoid pursuing maintenance, leaving the cost to fall on the state. It discourages the practice of parties agreeing to separations without seeking proper maintenance for children or seeking offset maintenance against lump-sum agreements.

The original child support legislation contemplated maintenance payments. The power to award maintenance payments separates the child support agency from the courts in most cases.

Decisions on child maintenance are made by child support officers in most cases, as this seems to be more efficient and predictable than court assessment. The agency and officers are required to have regard for the welfare of any child likely to be affected by the decision. The legislation does not apply to lump-sum payments for property adjustment orders in matrimonial disputes.

Child support officers make assessments and enforce children’s maintenance. The assessment or refusal by an officer of an application may be the subject of review by another officer. An appeal may be made to the child support appeal tribunal or the child support commissioner. Commissioners may assess a decision if it was legally incorrect based on the facts as found.

A person who has care of a child or an absent parent who is habitually resident in the United Kingdom may make an application. If the person with care is not in receipt of welfare benefits, they may choose whether to make the application or not. Both parents may make the application together, or alternatively, they may make an agreement that may be the subject of a court order.

The absent parent may make a voluntary application. This may be made jointly with the parent having care.

If a parent who cares for the child is in receipt of welfare benefits, the child support agency may require the commencement of proceedings. The agency may waive this requirement if it believes that such a course would cause a parent or a child living with that parent to be at risk of suffering harm or undue distress.

If a parent refuses to authorize an application or does not provide the requisite information to locate the absent parent, their wealth or benefits may be reduced unless a good reason is shown. The obligation to pay maintenance falls on the parents of the child, including an adopted parent.

Where a parent is denied by the agency or the person with care of the child, they may apply for a court declaration as to whether the alleged parent is, in fact, the child’s parent. Blood tests may be taken to resolve the issue. The court may direct the blood tests unless this would be contrary to the best interests of the child. The above responsibility applies to an absent parent.

An absent parent is obliged to maintain any qualifying child by making periodic payments of maintenance for the child, and such demands as may be determined. The obligation applies to a natural child of the parent.

The rule applies to a natural or adoptive child. The parent may still retain obligations, or step-parents may require an obligation through court.

The obligation applies to a child, which means a person under 16 or under 19 in full-time education at a recognized establishment, or less than 18 under certain conditions are met. The habitual residence of the child should be in the United Kingdom.

The child support officer may waive the requirement for cooperation if it would risk causing harm or undue distress to the parent.

The assessment of maintenance is undertaken in accordance with a formula based on the income support rate and also considers the parents’ income and means and the child’s requirements.

The officers are entitled to require a person to furnish information, such as employees, HMRC, and other bodies. An inspector appointed by the agency may enter premises, inspect documents, and examine persons as may be appropriate. It is an offense to obstruct or delay an inspector.

The agency is obliged to review assessments from time to time or as required by changing circumstances. If the original assessment is erroneous due to a lack of information about material facts, mistakes, or errors in law, the decision may be reviewed by another child support officer.

There is a right of appeal to a child support appeals tribunal. This must be taken within 28 days.

Maintenance payments are collected and paid to the person having care of the child. Where persons are in receipt of income benefits, prescribed procedures apply to them.

There are a range of enforcement mechanisms. An earnings order requires the employer to deduct payments at source. A court order is not necessary. It is an offense to refuse to comply with an order.

Arrears may be recovered together with interest.

The assessment is based on a means-tested standard formula. The child’s requirements are considered in light of the requirements of the family as a whole, and the income support payments for each child are considered as the starting point in the computation.

Reasonable living allowances are deducted. The ceiling for maintenance payments is calculated. The # for parents is not such as to require them to live on income support. Ultimately, the relevant maintenance for the child concerned is computed.

The agency acts on the principle that parents should be responsible for maintaining their children wherever they can do so. The obligation to maintain one child should be no less than the obligation to maintain another. The agency has regard to the circumstances of both parents and the welfare interest of any child likely to be affected.If a child has special requirements, account would be taken of this.