Can I Change My Child Maintenance Payments?
The route to change child maintenance payments depends on whether you are making Court-ordered payments or whether your child maintenance is dealt with by the Child Maintenance Service (CMS).
In this blog we focus on the options available to a paying parent who needs to reduce child maintenance payments. However, the same principles of process apply to a receiving parent who wishes to increase payments.
It is important to remember that the repercussions of reducing or stopping payments without agreement are serious and can have a long term effect on your financial situation. It is therefore advisable to take advice from a specialist at the earliest opportunity.
Court-Ordered Child Maintenance
If child maintenance forms part of a Court Order, the rules for seeking amendments vary depending on when the Order was sealed by the Court and the clauses contained within it. Factors like the date, special clauses and the possibility of enforcement need to be considered.
Date of Court Order
If the Court Order was made in England and Wales between 5th April 1993 and 6th April 2002 (and the receiving parent is not in receipt of income support) the Order can only be varied through the Court.
If an Order was made after 6th April 2002 and has passed its first anniversary, the child maintenance element can be transferred to the CMS for assessment.
If an Order is less than one year old, the child maintenance clause cannot be transferred to CMS and payments must continue until the first anniversary of the Order, unless and your child’s other parent agrees to a change. In some circumstances, you can apply to the Court to vary the Order before the first anniversary. A family solicitor can advise you on your chances of success.
How can I change a Court Order?
If you need to make a change, we recommend that you first contact the receiving parent to explain the situation. If that is not possible, or the desired progress is not made, a mediator or family solicitor could aid the negotiation process. We strongly recommend that any negotiation achieved should be recorded in writing, ideally in the form of a Consent Order and lodged with the Court.
In matters where negotiation is unsuccessful, it would be appropriate to ask the Court to review the Order, to decide if child maintenance should be varied.
If you qualify to transfer child maintenance to CMS, you will need to pay a fee and provide full details of all parties for them to make an assessment. Once this happens the child maintenance clause in your Court Order becomes null and void and you will become liable to pay the amount determined by the CMS.
How is child maintenance calculated by CMS?
When making their calculation the CMS will consider how much you earn, how many nights a week the child spends with you and whether you have other children who are dependent on you.
It is important to note, that the CMS calculates child maintenance based on your income for the previous tax year, meaning your liability could be increased or decreased when compared to your original Court Order. However, a recalculation is possible if your (the paying parent’s) income has changed by 25% since the last tax year or if you are now in receipt of benefits.
What if there are Special Clauses in the Court Order?
Some Orders contain special clauses such as contractual agreements and ‘Christmas Orders’. Contractual arrangements can be stand alone or in addition to a Court Order. Where a parent has signed a contract to make maintenance payments, then varying payments would be breaching the contract. As changes to payments can result in serious repercussions, including being ordered to pay damages, judgement summons and potentially even bankruptcy, it is essential to seek legal advice.
Some orders contain what is known as a ‘Christmas Order’. This means that the child maintenance element of the Order renews annually and is therefore never over 12 months old. This means you cannot transfer the matter to the CMS. Any change to this Order would need to be by agreement of both parties and recorded in a further Consent Order or by application to the Court.
What is the Risk of Enforcement?
Court Orders made in the jurisdiction of England and Wales (while the paying party resides there) could be subject to an Enforcement Order. Therefore, we strongly recommend taking take legal advice before making unilateral changes to Court Ordered child maintenance payments.
A Judge hearing such matters has a wide range of enforcement actions available to them including:
- ordering that any maintenance owed can be taken directly from earnings;
- placing a change on property or other assets;
- sending bailiffs to seize belongings;
- freezing funds in bank accounts.
As the repercussions are so serious and can have long term effects on your financial situation, it is important to take advice from a specialist at the earliest opportunity.
Legal Advice
Where there is a Court Order in place for child maintenance it is important to obtain advice before varying payments.
If you would like to speak to a family solicitor about the specifics of your situation, you can call 020 7993 2936 to book a consultation or complete a Contact Request.
Filed Under: Insight
There is violence in my relationship; what can I do?
Marriage is in trouble, but you don’t want to get divorced, can we just separate?
What is the process for applying for a child arrangements order?
As a fundamental legal instrument in Family Law, the Child Arrangements Order details visitation schedules and custody arrangements, prioritising the child's welfare in situations where parental or guardian agreement is lacking. By understanding this process, parents and guardians can make informed decisions that facilitate the amicable resolution of familial conflicts.
In the following sections, we will delve into the details of the process, including the role of the court, and provide expert guidance to navigate the procedure smoothly.
What if my spouse refuses to accept the divorce?
Eligibility for divorce
You can get divorced in England or Wales if:
- you have been married for over a year;
- your relationship has permanently broken down; and
- your marriage is legally recognised in the UK.
Is surrogacy legal in the UK?
What is surrogacy?
Surrogacy is when a woman carries and births a baby for a person or couple who may be unable to conceive or carry a child themselves. The woman carrying the child is known as the surrogate and the couple or individual who will become the child’s parent are often referred to as the Intended Parent(s) (IP(s)).Is Private Financial Dispute Resolution a Good Idea?
You can reach an agreement about your divorce finances between yourselves and this is usually preferential to going to Court. However, your divorce settlement must be approved by the Court to be legally binding.
The Court will look for evidence that the financial settlement is fair and meets both of your needs without putting one person under undue pressure or hardship.
As the concepts of fairness and hardship are subjective, it can be difficult to reach an agreement that you both consider to meet these criteria. In this situation, you can request that the Court makes the decision about how to separate your marital finances for you.
Should we go to Court or Arbitration to settle our Divorce?
If you have different views on what is fair, disputes about finances, property and children can continue for months or even years.
If you are unable to reach a compromise through other means, you might consider Family Arbitration as an alternative to Divorce Court.
This blog outlines the process of Divorce Arbitration, highlighting some of the key advantages and disadvantages to help you decide whether to consider it as an option.
Can I Change My Child Maintenance Payments?
The route to change child maintenance payments depends on whether you are making Court-ordered payments or whether your child maintenance is dealt with by the Child Maintenance Service (CMS).
In this blog we focus on the options available to a paying parent who needs to reduce child maintenance payments. However, the same principles of process apply to a receiving parent who wishes to increase payments.
It is important to remember that the repercussions of reducing or stopping payments without agreement are serious and can have a long term effect on your financial situation. It is therefore advisable to take advice from a specialist at the earliest opportunity.
How are Gender Recognition Laws Changing in UK?
Following five years of consultation, the Gender Recognition Act Reform Bill was heard by the Scottish Parliament at the beginning of March. The proposals include reducing the waiting time from two years to three months; removing the need for a medical diagnosis; and reducing the minimum age to apply for a Gender Recognition Certificate from 16.
The proposals are welcomed by Scottish Trans, but they believe the reforms "would still see Scotland with a gender recognition law that is far from world-leading". Where does this leave the trans community south of the border?
Break the Bias When Parents Separate
Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.
We highlight this issue for married and unmarried mothers, discussing how Prenuptial Agreements and Cohabitation Contracts can #BreakTheBias when parents separate.
International Women's Day 2022 #IWD2022
How are Divorce Laws Changing? “No Fault Divorce”
Designed to reduce conflict in divorce proceedings, No-Fault Divorce will remove the need to appoint blame for the breakdown of a marriage or civil partnership and allow couples to make a joint divorce application.
This is a significant change to family law in England and Wales, which has traditionally required one spouse to divorce the other, usually on the grounds that their actions caused the relationship to fail.
Could Mediation Help you Resolve your Family Law Dispute?
It is a practice intended to help people in dispute reach agreement on their own - so that you do not need to involve the Courts.
The idea is that you discuss the situation directly with the other person and try to reach an agreement between you. However, you are able to take independent legal advice at any stage of mediation and it is possible for a solicitor and / or other professionals to attend mediation with you.
All mediation is overseen by a trained and impartial third person, known as the mediator.
Using a Child Contact Centre
It is common for a parent to leave the family home without a fixed address, meaning they do not have anywhere appropriate to take their child.
There will sometimes be extreme circumstances that led to the separation, or it may simply be that the parents’ emotions are too raw and they cannot face seeing each other.
This can be difficult for children who feel caught in the middle.
Could a Co-Parenting App help you Stay Child-Focused?
Apps can provide a focused method of communication which is solely about the children.
Many parents find that apps help them keep on top of their children’s lives and minimise conflict. If communication between parents is breaking down in other settings, such as face to face or by WhatsApp, a co-parenting app can ensure there is always an open channel of communication to make arrangements for your children.
Could Child Inclusive Mediation Help You Agree Child Arrangements?
It is a time of great change and emotion for everyone and it can be difficult to set that aside and reach an agreement between you.
Court proceedings are stressful for all concerned and there is significant delay in the system, but there are alternatives.
We highlight Child Inclusive Mediation as an alternative means of resolving children matters, which can help you lay the foundations for a strong co-parenting relationship moving forward.
Practical Ideas to Continue Contact with your Child
What can parents do to make it easier for children and show that they are still valued by both?
First remember there are many types of contact and if your child misses you, there is rarely a good reason that contact should be limited to the days they see you.
In the age of telephones and video calls, children should be able to speak to both of their parents every day if they want to. You can also write, email and communicate on social media if it is appropriate for your child.
Could a Parenting Plan Help Your Child?
It is natural for this conversation to focus on where they will live and when they will have contact with each parent. It is not easy to know what else to discuss and how to approach it.
Preparing a Parenting Plan will help you consider the entirety of arrangements for your child and how you will work together to parent them moving forward.
By considering situations before they occur, you can provide more certainty and a more positive environment for your child.
Five Steps to Keep Your Child’s Needs at the Forefront of Separation
How parents behave during a divorce or separation will have an impact on the happiness, health and wellbeing of their children.
To minimise the negative effects, it is important to bear this in mind from the outset and set a tone for the separation that keeps your child’s needs at the forefront.
We have prepared five practical steps that can be taken to ensure your child’s needs come first and that a strong foundation is laid for a positive co-parenting relationship.
How do I know if our Prenuptial Agreement is Fair?
A Prenuptial Agreement allows couples to have a degree of self-regulation over their affairs and set out from the outset what will happen if they separate.
It is not about trying to make sure your new spouse does not get anything, but allows couples the opportunity to decide what would be fair for themselves. Most people find it easier to do this when they are experiencing the best of times.
About Us
As a specialist firm, we focus on all areas of family law and legal matters that affect private wealth.
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