Is Child Maintenance Part of a Civil Partnership Financial Settlement?
Child maintenance is usually dealt with separately from the financial claims between former civil partners.
The adult financial settlement addresses matters such as property, pensions, savings and maintenance between the former civil partners. Child maintenance provides regular financial support towards a child’s everyday needs.
How is child maintenance calculated?
Parents may agree on child maintenance privately.
Where they cannot agree, the Child Maintenance Service will usually calculate the amount payable under its statutory formula.
The calculation may consider:
The paying parent’s gross income
The number of qualifying children
Other children supported by the paying parent
Shared-care arrangements and overnight stays
Certain pension contributions
The maintenance calculation does not usually determine how property, pensions or other assets should be divided between the former civil partners.
When might the court become involved?
The court’s ability to make routine child maintenance orders is limited where the Child Maintenance Service has jurisdiction.
However, court involvement may still be relevant in particular circumstances, including matters involving:
School fees
Disability-related costs
Further education
Higher-income cases
Agreed child maintenance provisions
Certain children of the family who fall outside the standard statutory scheme
Legal advice may be required to determine whether an application to the court is available and appropriate.
Considering the wider needs of children
Monthly child maintenance is only one part of the financial support a child may require.
Other arrangements may need to address:
Housing
Childcare
Education
Medical expenses
Activities
Travel
Additional needs
Future educational costs
Although legally distinct, child maintenance and the wider financial settlement should be considered together to ensure that proposed arrangements are practical for the family.
Elizabeth Stocker can explain how child maintenance interacts with financial arrangements following civil partnership dissolution and advise on provisions intended to support your children’s present and future needs. Book an appointment with Elizabeth or complete the enquiry form.
