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Child Support Law in the UK - The Basics
In the UK, family law solicitors are frequently asked questions about how much maintenance or child support non-resident parents will be expected to pay to the resident parent following a divorce or separation. The reality is that there is no simple answer: child support law is very complex in the UK and is currently under review. There are also factors such as other children from new relationships and salary which must be taken into account. There is no substitute for consulting a family law solicitor at the time of the divorce or separation in order to get advice about this, but in order to paint a one-size fits all picture, this article details the broader facts about UK child maintenance law.
Non resident parents have a legal 'duty to maintain' their children. That is to say that they have a responsibility which is legally enforceable to pay towards the upkeep of their children. This is the case whether they have any contact with the child or not.
Current rules state that if the parent with care receives income support, job seekers allowance or the disability working allowance then he or she has to authorise the Secretary of State to obtain child support payments from the other parent on their behalf. Should they disregard this rule then they will have their benefit reduced by 40% for three years as a result of a reduced benefit direction.
For parents with care who are not in receipt of any of those benefits, there is a choice. They can reach an agreement with the other parent by means of a court order with the consent of both parents or, they may pursue child support through the Child Support Agency. Parents who agree between them on a figure can choose any mutually acceptable figure providing both agree and the court believes it is fair. If the CSA is responsible for sourcing the child support money then a fixed calculation is used to come to the figure that should be paid. The CSA needs a certain amount of information to perform this calculation, for example about salary and any other children from new relationships. If non resident parents do not supply all the relevant information then the CSA will apply a default figure of child support. This may mean the non resident parents finds themselves paying more child support than they otherwise would have been.
If the non-resident parent does not pay the money to the CSA, then the association has powers to ensure it will be paid. One example is the issuing of a deduction of earnings order which will result in the money being taken directly from the parent's wages in a similar way to income tax.
The decision of the CSA can be revised or appealed against. Normally parents must apply for a review within a month of the original calculation, but in some cases parents can appeal up to a year and one month later. Furthermore, the amount of child support paid through the CSA can be altered if material circumstances change, for example if the non-resident parent has another child.
Jess Moss is a writer from England. She enjoys writing about current affairs and the law. One area of interest is family law including child support law. Visit http://www.raleyssolicitors.com for more information.Article Source: http://EzineArticles.com/?expert=Jessica_L_Moss
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