Child Support

A child is a person under age 16 or under age 18 and receiving full-time education, which is not advanced education. In certain other cases, a person, a child under 18, complying with prescribed conditions qualifies as a child. A person is not a child if he has been married or a civil partner.

A child is a qualifying child under the legislation if one of his parents is absent or a nonresident. Absence means that the parent is not living in the same household as the child, and the child has his home with the person who is, in relation to him, a person with care. A person with care is a person with whom the child has his home, who usually provides daycare for the child, and does not fall into a prescribed category. Parents, guardians, and persons in whose favor residence orders under the Children’s Northern Ireland Act are to be later in place may not be prescribed persons.

An absent or nonresident parent is responsible for maintaining his child. Such a person is taken to have met his responsibilities by making periodical payments of maintenance in respect of that type of child of such amount and at such intervals as may be determined under the legislation. Where a maintenance assessment is made under the order, requiring the making of periodical payments, it is the duty of the absent or nonresident parent to make the payment.

In dealing with cases under the legislation, the department, in the exercise of any discretionary powers, is to have regard to the welfare of the child likely to be affected by the decision.

The person with the obligation to maintain may apply to have the due maintenance assessment and maintenance calculation made in respect of any child, in the case of an absent or nonresident parent. A person who applies must comply with regulations in relation to the provision of information.

Applications may be made by a person. The roles of the court in relation to maintenance are curtailed. Where the department has jurisdiction to make a maintenance calculation in relation to a qualifying child, the court is not to exercise a power to make, vary, or revive a maintenance order in relation to the child and the nonresident or absent parents.

Persons may enter maintenance agreements in respect of the maintenance of children. This must not prevent any party to the agreement from applying for a maintenance assessment in respect of a child to or for whose benefit periodical payments are to be made under the agreement. Where the agreement purports to restrict a right to apply for a maintenance assessment, it is void.

The maintenance calculation was made in accordance with provisions set out in the schedule of the legislation.

There is provision for default and interim maintenance decisions where there is insufficient information to make a full maintenance assessment. Regulations may be made to provide for defaults in interim maintenance decisions. They may provide for the procedure and a default rate of child support.

The department may make regulations requiring information and evidence to be furnished in connection with an application. This includes information in relation to decision-making and enforcement of child support.

It is an offense to make false statements or representations in relation to the requirements of information.

The department may appoint inspectors to inquire about information which the department needs for the purpose of the order. Inspectors have powers of investigation and inquiry. They may enter premises in which a person is employed or carries out a business. They may question persons over age, even in those premises. It is an offense to delay, obstruct, or hinder an inspector, etc.

There is provision for the review of decisions by departments to the department itself. A person has a right of appeal to an appeal tribunal against decisions of the department in relation to child support. There is an appeal against the refusal of a maintenance assessment or maintenance calculation.

A person aggrieved by the decision of an appeal tribunal or the department may appeal to a Child Support Commissioner on a question of law. There is a further appeal on a point of law to the court of appeal.

The department may arrange for the collection of child support maintenance, where an assessment has been made and an application is made to the department to arrange for its collection.

Regulations may provide for payment of child support maintenance to be made to the person caring for the children in or through the department or through such person as the department may specify. They may provide for the methods and intervals of payment.

There is provision for a deduction from earnings order. The department may make the order against the liable person to secure payment of the maintenance assessment. It may also be used to secure arrears.

The deduction from earnings order is directed at an employer and shall have effect on the specified date. It requires the employer to deduct relevant deductions from the person’s earnings and pay them to the department.

A liability order may be made against a person liable to make payments and child support maintenance if it appears to the department that it is inappropriate to make a deduction from earnings order because the person is not employed or it would be ineffective. The department applies to a court of summary jurisdiction for a liability order. The court is to make the order if satisfied that the payments have become payable and have not been paid. Regulations may be made describing the procedure to be followed for a liability order, form and content, and the duty of the persons to supply information to a court of summary jurisdiction.

Liability orders may be enforced in the same manner as enforceable judgments. Regulations may be made for further provision for enforcement.

Regulations may provide for enforcement in Northern Ireland of orders made by courts in England and Wales and Scotland as if they had been made by a court of summary jurisdiction in Northern Ireland.

Where a department has sought to recover sums due, which remain unpaid, the department may apply to court for a warrant committing the person to prison or ordering him to be disqualified from driving or holding a driving license.

The court is to consider his means whether there has been willful or culpable neglect.

A person may be committed to prison if but only if the court is of the opinion that there has been a willful refusal or culpable neglect on the part of the liable person. A warrant of commitment may be issued or a fixed term of imprisonment may be imposed subject to such conditions as may be imposed. An amount is to be stated in the warrant in respect of arrears, etc., and unpaid amount. On payment of that amount, the person is to be released.

There is provision for the recovery of child support maintenance by a deduction from Social Security benefit.

The formula for the calculation of child support is set out in the legislation. There are a number of formulas. The primary calculation is based on the absent parent’s assessable income together with the income of the other party times a proportionate number prescribed. There is a basic element and an additional element.

There are rules for the calculation of the assessable income. There is provision for a protected income, which is to be retained by the applicant concerned. There is provision for a minimum amount of child support. Provision is to be taken for housing costs. There are regulations about income and capital. There is provision for apportionment between children and provision for more complex circumstances.