child maintenance
📖 O que é child maintenance? Significado e conceito
Child maintenance is a financial arrangement where one parent, identified as the 'non-resident parent', is legally obligated to provide regular payments to the 'parent with care' for the benefit of their 'qualifying child'. This system is managed in the UK by the Child Maintenance Service (CMS), which makes decisions regarding the liability and amount of maintenance to be paid. These decisions can be subject to review or 'supersession' if circumstances change, such as a child stopping education or commencing work, which can affect the non-resident parent's weekly liability.
The calculation of child maintenance can be complex and may involve legal challenges, as seen in cases where appeals are made to the First-tier Tribunal or Upper Tribunal due to alleged errors in calculation or the effective date of a decision. The objective is to ensure fair financial support for the child, reflecting the parents' circumstances and the child's needs. For instance, a parent's assets, such as loans to a company they own, can be considered when determining variations in the maintenance calculation.
Disputes often arise concerning the accuracy of calculations or the specific date from which a new maintenance amount should apply. Such disputes can lead to appeals, where tribunals examine legal errors in previous decisions. The process aims to establish a clear and enforceable child maintenance liability, ensuring that children receive the financial support they are entitled to from both parents, even when they share care.
📋 Requisitos
- There must be a 'parent with care' and a 'non-resident parent'.
- There must be a 'qualifying child' for whom maintenance is sought.
- The Child Maintenance Service (CMS) makes a decision on liability and amount.
- Changes in a child's circumstances, like stopping education or starting work, can affect maintenance liability.
📝 Procedimento
- The Child Maintenance Service (CMS) makes an initial assessment of child maintenance.
- A parent may appeal a CMS decision, contending it should have an earlier effective date or that calculations are incorrect.
- The First-tier Tribunal hears appeals regarding CMS decisions.
- Further appeals can be made to the Upper Tribunal if legal errors are identified in the First-tier Tribunal's decision.
💡 Exemplos
- A non-resident parent's weekly child maintenance liability was reduced after one of their children stopped education and began working more than 24 hours per week.
- An appeal was lodged because the First-tier Tribunal's decision on child maintenance calculation contained legal errors regarding specific grounds.
- The First-tier Tribunal's decision was challenged for misunderstanding the law on varying child maintenance calculations, particularly concerning a parent's loan to a company they own.
- Despite sharing care of their son, one parent was designated the 'person with care' and the other the 'non-resident parent' for child maintenance purposes under the 1991 Act.
📚 Base legal
- 1991 Act
- 2012 child support scheme
❓ Perguntas frequentes
What is the Child Maintenance Service (CMS)?
The Child Maintenance Service (CMS) is the government body responsible for assessing, collecting, and enforcing child maintenance payments in the UK. They make decisions on who pays, how much, and to whom.
Can child maintenance payments change?
Yes, child maintenance payments can change. The CMS can make a 'supersession decision' to adjust payments if there's a change in circumstances, such as a child's education status or employment, or if there are errors in previous assessments.
What happens if I disagree with a child maintenance decision?
If you disagree with a child maintenance decision, you can appeal it. Initially, this would typically involve an appeal to the First-tier Tribunal, and if legal errors are found, further appeals can be made to the Upper Tribunal.
Does a child's employment affect child maintenance?
Yes, a child's employment can affect child maintenance. If a child stops education and starts working a certain number of hours per week, it may lead to a reduction in the non-resident parent's maintenance liability, as seen in some cases.
Are a parent's assets considered in child maintenance calculations?
Yes, a parent's assets can be considered, especially when making variations to the standard calculation. For example, a parent's loan to a company they own and control might be taken into account when determining their child maintenance liability.
What is a 'non-resident parent'?
A 'non-resident parent' is the parent who does not have the primary day-to-day care of the child and is typically liable to pay child maintenance to the 'parent with care'.