Family Law Information: Court Orders & Maintenance Cheshire

Child support, or child maintenance, is a major issue in family law and divorce proceedings. Before you head to court, make sure you're in the know about different court orders and child maintenance payment issues that could come up in your case. Read through the following articles to learn more about court orders and maintenance and find local companies and providers who can help you find what you’re looking for.

Hill & Co
0161 9283201
4 Market Street
Altrincham
Brown Dunne & Gray
0161 9288877
Bdg House
Altrincham
Abbott Solicitors
01457 858483
1 Heather Bank Close
Glossop
Bowcock Cuerden Ltd
01270 611106
South Cheshire House
Nantwich
Bgr Bloomer
01244 852040
Unit 17 Telford Court Dunkirk Trading Estate
Chester
Bate Son Solicitors
01244 313301
16 Nicholas Street
Chester
Bartlett & Son
0151 3551278
12A Chester Road
Ellesmere Port
Shepherd Oakes & Co
01625 503909
Mulberry House
Macclesfield
Pricketts
01298 22874
12 Hardwick Street
Buxton
Robert De Coninck & Co
01270 500844
24A Market Street
Crewe
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Court Orders & Maintenance

Court Orders & Maintenance

In the early 90's, the Government introduced the Child Support Agency and most of the issues relating to child maintenance passed from the courts to the CSA. The CSA is likely to be disbanded in the future but details of its replacement have not yet been released. In the meantime existing procedures are still in place.

The courts now only make maintenance orders for children in limited circumstances:

  • Where the parents both apply to the court for an 'order by consent'
  • Where a child is in full-time education and there are school fees to pay
  • Where a child is undergoing vocational training or an apprenticeship and there are expenses to pay
  • Where a child is disabled, and there are care costs
  • Where the other parent lives abroad on a permanent basis

The Child Support Agency (CSA)

In most cases the CSA deals with maintenance for children. They accept applications from parents with care (those who live with children), non-resident parents (those who are not living with the children), and other people caring for qualifying children (such as grandparents) if all the people involved live in the UK.

If the father (or mother) refuses to pay, or makes excuses then the CSA has a responsibility to take action, usually via the courts.

Since March 2003 new laws governing the way child support is calculated have been implemented. Briefly, absent fathers will be required to pay 15% of their net income for a single child, 20% for two and 25% for three children or more. The maximum income that will be taken into account will be capped at £2,000 net income a week. If the father has a new family then similar allowances will be made for each child in his second family, including stepchildren. Rates of 15%, 20% and 25% will be deducted from the non-resident parent's net income and only the balance will be subject to the standard rates for the first family.

Those who don't or won't pay risk losing their driving licence and if they lie or refuse to provide information, they could be fined up to £1,000. Late payments will also lead to fines.

The income of the resident mother is not be taken into consideration, nor is that of a new partner. So, the lone mother could earn huge amounts each year and still demand, and be entitled to, up to 25% of the absent father's income. Equally, the father could be a millionaire with a vast income but will never be required to pay more than £26,000 a year even if he can afford much more.

The CSA website has full details on applying for child maintenance and calculating the amount you may receive.


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