child maintenance solicitors

Child Maintenance

Whilst it’s certainly possible to agree on child support yourselves, known as a ‘family based agreement’, this is not legally binding and you therefore can’t enforce it if the paying parent decides to alter the amount or stop making payments entirely.

That’s why we always recommend making the child support payments a part of your Consent Order. It’s our job to protect you so that any agreement is fair as well as legally binding.

Who Pays for the Child Maintenance in a Divorce?

As parents, you have a legal duty to help support your child or children whilst they are dependents under the Child Maintenance Act. This means until they’re age 16, or until age 20 if they’re in full-time education (up to A-Level or equivalent).

We classify parents as the ‘paying parent’, who provides the financial support, and the ‘receiving parent’, who receives the financial support in return as they take care of the children. This usually comes with either full-time custody or a shared custody arrangement where one takes on more time/responsibility than the other.

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How is it Calculated?

Any separation – whether married, in a civil partnership, or just living together – will require both parents to come to an agreement over the cost of taking care of your child/children. Understanding how to apply for child maintenance, or how child maintenance is calculated, is therefore extremely important.

To calculate what you are owed, Child Maintenance Services offers a formal assessment based on six steps:

  1. Income – the paying parent’s yearly gross income
  2. Things that affect income – this can include pension payments or other children who they provide child support to
  3. Child maintenance rates – there are four different rates applied, depending on income
  4. Children – the number of children involved in the separation
  5. Weekly maintenance amounts – this is calculated based on the previous steps
  6. Shared care – if applicable, there will be a deduction to the weekly amount owed depending on the average number of nights with the paying parent

There will always be exceptions to the above criteria, and every situation is different – especially in cases where there is a shared responsibility – which is why we’re here to help you. At Higgins Miller, we understand that a separation which involves children can quickly become very complicated. We will always attempt to work with both parents to come to an agreement that is fair to you and the child/children, where possible. We are also fully prepared to provide mediation services or, in cases where a mutual agreement can’t be reached, fight for you in court to ensure your child receives the financial support they need.

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If you would like to discuss child maintenance with one of our specialist family solicitors, then we can arrange an initial meeting of up to one hour in our Stockport offices for just £120 + VAT @ 20% after which we will provide you with a comprehensive written report of our discussion together with our professional advice.

To arrange this fixed fee first appointment please call us at 0161 429 7251 or email [email protected]

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WHAT OUR CLIENTS SAY ABOUT US

I have had the pleasure of having a few dealings with Mark Higgins and him taking care of us. I can’t speak highly enough of Mark. His knowledge and attention to detail is first class.

Mr M.

I just wanted to say thank you and express my appreciation for the support you gave me during this very long and stressful period of my life.

I commend your professionalism and communication skills. Though the wait was long and frustrating at times, you took the time to explain things to me and answered my questions with honesty. You were never dismissive nor disrespectful as some previous legal practitioners were since the start of my journey and I appreciated that.

Please never change and from the bottom of my heart, a massive thank you.

Mrs A.

Very helpful and professional advice resulting in a very satisfactory outcome to my divorce. Highly recommended.

Mr C.

Upon commencing my association with Higgins Miller, I experienced a heightened sense of apprehension and anxiety regarding the impending legal proceedings. Throughout the course of the year, I interacted with several solicitors, each of whom demonstrated exceptional professionalism and dedication. They maintained consistent communication, providing me with regular updates and effectively alleviating my concerns. Ultimately, I emerged victorious in my case, and I am profoundly grateful to Higgins Miller for their invaluable assistance. Without their expertise and support, the outcome could have been drastically different.

Miss B.

Fantastic, compassionate, easy to work with and Fantastic standard of legal advice! Straight talk, delivered with care and understanding! Highly Recommend

Mrs B.

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