Child Maintenance: Securing Your Child’s Financial Future

When families break down, child maintenance becomes a pressing concern. This financial contribution from one parent to another helps cover the child’s living expenses—everything from clothing and school uniforms to day-to-day essentials. At HM & Co. Solicitors, our child maintenance team provides the legal knowledge and empathy you need to navigate these arrangements successfully.

Why Child Maintenance Matters

When parents separate, the child’s welfare remains the top priority. Child maintenance:

  • Ensures consistency in a child’s quality of life
  • Helps meet everyday expenses (housing, food, school costs)
  • Can be flexible, adjusting as circumstances change

Child maintenance calculations typically rely on government guidelines, with an online calculator available from the Child Maintenance Service (CMS). But agreements between parents can also be made outside this framework.

Resolving Child Maintenance Issues

1. Agreeing Informally

The best approach is for parents to agree on the amount and terms of maintenance:

  • Direct Discussions: Negotiate how much will be paid, when, and what it covers.
  • Flexibility: Such an informal arrangement can be adjusted if a parent’s job changes or the child’s needs evolve.

However, informal agreements are not legally enforceable. You could make them binding by applying to the court for a consent order. But note that either parent can opt out after 12 months and switch to using the CMS.

2. The Child Maintenance Service (CMS)

The CMS is a government-run service that calculates and collects maintenance. Parents might use the CMS if:

  • Negotiations Stall: They cannot agree on a direct payment schedule.
  • Payment Issues Arise: One parent is not reliable with informal payments.
  • Less Conflict: The CMS acts as an intermediary, reducing direct disagreements.

The CMS approach adds fees but ensures a structured, enforceable process.

3. Court Orders

In certain circumstances, such as when a parent lives abroad, you can ask the court for a child maintenance order. The court will assess your unique case and determine how maintenance is to be calculated and paid.

How HM & Co. Solicitors Can Help

  1. Professional Insight: Our solicitors have extensive experience with child maintenance matters, whether resolved by agreement, via the CMS, or in a courtroom.
  2. Child-Centred Support: We handle each case with understanding and aim to minimise tension for everyone involved.
  3. Stress Relief: Making decisions about a child’s financial future is no small matter—let our team take the strain and guide you through every stage.

Contact Us

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

If you’re facing child maintenance challenges—be it negotiating amounts, dealing with the CMS, or seeking a court order—HM & Co. Solicitors is here to help. Let’s ensure your child’s financial needs are safeguarded so they can flourish with consistency and security.

Your Questions, Answered

FAQs

FAQs – Child Arrangements Orders

1. How long does a child arrangements order last?

If the order sets out how much time (contact) you spend with your child, it typically remains in effect until the child is 16 (unless in exceptional circumstances, when it may extend until they are 18). If the order specifies with whom the child lives, that element generally lasts until the child turns 18.

 

2. How much does a child arrangements order cost?

The court application fee for a child arrangements order is £232 (via form C100). If you hire a solicitor for assistance, you will also incur legal fees, which vary based on the case’s complexity. It’s worth discussing costs and options with a family solicitor before proceeding.

 

3. How to apply for an emergency child arrangements order

Yes. Complete form C100 and file it with the family court, stating clearly that it is an emergency application. If the court deems the risk to the child urgent enough, it may issue an interim order without first notifying the other parent. However, a full hearing will take place soon after, allowing both parents to present their arguments in detail.

 

4. Can a child arrangements order be varied?

A child arrangements order can be varied if there is a significant change in circumstances affecting the child’s welfare. You would apply using form C100. The court reviews whether the requested changes serve the child’s best interests. Both parents may attend a hearing to present any evidence or reasons for/against the variation.

 

5. What happens if a party breaches the child arrangements order?

Yes. If one parent breaches the order, the other can ask the court to enforce it. Possible sanctions include:

  • A warning or official caution
  • A fine
  • Unpaid community work
  • In extreme cases, imprisonment

The court might also vary the order to address ongoing non-compliance. It’s advisable to keep records of any breaches and consult a family solicitor on the next steps.


Need Further Advice?
If you have questions about child arrangements orders or need support with any related legal issues, our child law solicitors at HM & Co. Solicitors are here to help.

HM & Co. Solicitors
186 Lower Road, Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

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