Our specialist Children team has the expertise and experience to cut through conflict and identify the appropriate financial remedies for you and your family. As outlined below, the options available will depend on the specific facts of the case, including whether the parents are married or unmarried.

Maintenance

Whether parents are married or unmarried, child maintenance is paid to the parent who cares for the children most of the time. Maintenance (often referred to as periodical payments) is assessed where parents cannot agree a payment rate and both are based in England and Wales. In those circumstances, an application must first be made to the Child Maintenance Service (CMS).

The CMS applies a statutory formula which considers a range of factors, including the paying parent’s income, the number of children for whom maintenance is payable, and whether any other children live with that parent.

The CMS has an income cap of £156,000 gross per annum for the purpose of calculating maintenance. Where the paying parent’s income exceeds that threshold, the court may make a ‘top up’ order. Top up orders are available to both married and unmarried parents.

Other financial remedies

In addition to maintenance, other financial remedies may be available when parents separate. The legal framework depends on the status of the couple.

Married parents may make financial claims against each other both, and on behalf of any child in the family. For example, one parent may seek an order transferring the family home into their sole name so that they and the children can continue living there.

Cohabiting parents, by contrast, may bring claims only for the benefit of the child and cannot make financial claims for themselves. While the remedies available are wide ranging, they must relate specifically to the child’s needs. For example, a parent may seek funding for the purchase of a property to house a child, with the property reverting to the paying parent once the child reaches 18 or completes full time education.

The Children team works closely with colleagues who specialise in the financial consequences of divorce and separation. This collaborative approach ensures that child arrangements are considered alongside the inter related, and often complex, financial issues that affect children and their long term stability. We recognise the importance of certainty and continuity for children and aim to resolve disputes as quickly and constructively as possible. Where appropriate, we will always consider non court dispute resolution options, with the aim of sparing families the delay, cost and strain of court proceedings wherever possible.

• Contact our Children Team