Child Support

Maintenance is usually paid for children until they reach the age of 17 or cease full time education, whichever is the later.

There can be no clean break (i.e. a dismissal of maintenance rights) between parents and children. The parents responsibility to provide financially for their children has now been set down in the Child Support Act 1991 which came in to force on 5th April 1993. It has been followed by subsequent legislation including a further Child Support Act in 1995.

The Child Support Legislation governs the level of child maintenance that should be paid by a natural parent who is absent from the child's household (the non-residential parent) to the parent with care.

It does not cover:

  • step children
  • school fees
  • where the absent parent is resident outside the UK
  • if the parent with care is resident outside the UK
  • if the child is resident outside the UK

These exemptions are dealt with by the Courts who are not bound by the CSA formula.

It covers natural children up to the age of 17, or 19 if they are in certain types of full time education.

The Child Support Legislation sets out a very complicated formula to calculate the level of child maintenance payable by the non-residential parent. This is based essentially on each parent's income and certain limited outgoings, including housing costs.

Currently there is a general rule that an absent parent should not pay more than 30% of net income in maintenance. Under certain circumstances, a direction may be given to reduce the amount payable once calculated. Your solicitor will advise you if this applies to your case. This is called the Departure Direction.

If the parent with care of the children is on Income Support, Family Tax Credit or Disability Working Allowance, he or she is obliged by the Benefits Agency to apply for an assessment by the Child Support Agency. If they refuse to do so without reasonable cause their benefits will be reduced.

Other persons such as grandparents with care of the children may apply to the CSA for an assessment.

The Court in family finance proceedings can only make a child maintenance order if the parties have agreed. If no agreement can be reached then the Residential Parent will have to apply for an assessment from the CSA.

If the absent parent can afford to make further payments for child maintenance in addition to those calculated under the Child Support legislation, a Court can order that parent to make additional payments. A Court can also make an order for school fees, maintenance for step children or disabled children and for those in further education and in certain other specific situations.

Click here to access the CSA calculator

The New Provisions

The law is due to change with implementation taking place sometime in 2002.

The new legislation provides a much simpler way of calculating Child Support.

The Non residential parent will pay as follows:

  • 15% of net (take home) pay for 1 child.
  • 20% of net (take home pay) for 2 children
  • 25% of net (take home pay) for 3 children


Print this page

Information on this page is current and last updated: 12/03/2008

Call us now on:

Further Information