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The Child Maintenance and Enforcement Commission replaced the Child Support Agency in 2008. The Commission (CMEC) is responsible for assessing the amount of
child support maintenance which the parent
who does not reside in the same home as
the child after divorce or separation should
pay towards the upkeep of the child. The
calculation of child support maintenance
is based on the non-resident parent’s
net income. Where there is one child, there
is an obligation to pay 15% of net income;
for two children, there is an obligation
to pay 20% of net income; and, for three
or more children, an obligation to pay 25%
of net income. Net income is calculated
by deducting from gross annual pay, tax
and National Insurance contributions payable
and any pension contributions that are payable.
The child support calculation may be reduced
if the child regularly stays overnight with
the parent who is liable to pay child support.
We will be able to give you an indication
of the amount of child maintenance which
the CMEC will require the non-resident parent
to pay.
If you and your spouse can reach an agreement
as to the level of child maintenance, the
Courts retain limited powers to make Orders.
The Courts also have powers to make top-up
Orders in high income cases or to make Orders
to meet the costs of education or training.
The CMEC has jurisdiction where all parties
reside in the UK. If one of the parents
of the child is living abroad, an application
can be made to a Court for child maintenance.
Application can be made to the Court for
one spouse to pay periodical payments (i.e.
maintenance) to the other. The amount of
maintenance will be based on the income
and other financial resources available
to the parties and their respective financial
needs. We will advise as to whether the
payment of spousal maintenance is relevant
in your case and can advise as to appropriate
levels of maintenance and the duration of
such payments. |
