| In the UK, family law solicitors are frequently asked | | | | order with the consent of both parents or, they may |
| questions about how much maintenance or child | | | | pursue child support through the Child Support Agency. |
| support non-resident parents will be expected to pay | | | | Parents who agree between them on a figure can |
| to the resident parent following a divorce or separation. | | | | choose any mutually acceptable figure providing both |
| The reality is that there is no simple answer: child | | | | agree and the court believes it is fair. If the CSA is |
| support law is very complex in the UK and is currently | | | | responsible for sourcing the child support money then |
| under review. There are also factors such as other | | | | a fixed calculation is used to come to the figure that |
| children from new relationships and salary which must | | | | should be paid. The CSA needs a certain amount of |
| be taken into account. There is no substitute for | | | | information to perform this calculation, for example |
| consulting a family law solicitor at the time of the | | | | about salary and any other children from new |
| divorce or separation in order to get advice about this, | | | | relationships. If non resident parents do not supply all |
| but in order to paint a one-size fits all picture, this article | | | | the relevant information then the CSA will apply a |
| details the broader facts about UK child maintenance | | | | default figure of child support. This may mean the non |
| law. | | | | resident parents finds themselves paying more child |
| Non resident parents have a legal 'duty to maintain' | | | | support than they otherwise would have been. |
| their children. That is to say that they have a | | | | If the non-resident parent does not pay the money to |
| responsibility which is legally enforceable to pay | | | | the CSA, then the association has powers to ensure it |
| towards the upkeep of their children. This is the case | | | | will be paid. One example is the issuing of a deduction |
| whether they have any contact with the child or not. | | | | of earnings order which will result in the money being |
| Current rules state that if the parent with care | | | | taken directly from the parent's wages in a similar way |
| receives income support, job seekers allowance or the | | | | to income tax. |
| disability working allowance then he or she has to | | | | The decision of the CSA can be revised or appealed |
| authorise the Secretary of State to obtain child | | | | against. Normally parents must apply for a review |
| support payments from the other parent on their | | | | within a month of the original calculation, but in some |
| behalf. Should they disregard this rule then they will | | | | cases parents can appeal up to a year and one |
| have their benefit reduced by 40% for three years as | | | | month later. Furthermore, the amount of child support |
| a result of a reduced benefit direction. | | | | paid through the CSA can be altered if material |
| For parents with care who are not in receipt of any of | | | | circumstances change, for example if the non-resident |
| those benefits, there is a choice. They can reach an | | | | parent has another child. |
| agreement with the other parent by means of a court | | | | |