On 30 June 2014, new child maintenance provisions came into effect, which amended certain sections of the Child Maintenance and Other Payments Act 2008 and the Welfare Reform Act 2012.
As a result, anyone involved in child maintenance cases will be subject to new rules covering application times and the calculation of payments.
The new rules provide that all new applications to the Child Maintenance Service will be charged a one-off application fee of £20.00.
In addition, from 11 August 2014 the Child Maintenance Service will apply collection charges to both parents. This means that charges of 4% will be deducted from the child maintenance payments received by the parent with care and the parent paying the child maintenance will be charged an additional 20% on their child maintenance liability.
The amount of maintenance payable is based upon the non-resident parent’s gross weekly income and takes into account the amount of times the child stays overnight with them.
Under this new scheme, a child in full time education will be eligible for child maintenance up to the age of 20 (rather than 19).
Where there is existing child maintenance cases, parties will be required to decide whether they wish to remain in the statutory scheme for calculating maintenance under the Welfare Reform Act 2012.
If the Secretary of State ceases to act in an existing case, the non-resident parent cannot make an application before the expiry of 13 weeks.
Once a child maintenance calculation has been made under the Child Support Act 1991, it will only be made if the Secretary of State believes the non-resident parent cannot make payments, or if the non-resident parent approves.
Any amendments made to the Child Support Act 1991, do not apply to cases administered under earlier schemes.
Family Law Solicitors Eastbourne, Hailsham and Polegate
If you require further advice in relation to children matters, including the payment of child maintenance, then please contact our Family Department for a free 30 minute appointment to discuss your circumstances and receive preliminary advice from one of our experienced Family Law Solicitors.
Eastbourne: 01323 727321
Hailsham: 01323 841481
Polegate: 01323 487051