Maintenance for You and Your Children.

Usually one of the first things that concern people when they separate is how they are going to financially support themselves and their children. In other words they need to know who is going to pay the next bill that comes through the post.

If parties cannot reach agreement on maintenance it is possible in the short term to either go to the Child Support Agency (CSA) for maintenance for a child or apply to the court for support for themselves.

How do I Get Child Maintenance?

Maintenance for children under the age of 18 can be agreed between the parents without having to involve any outside agencies. However, if agreement cannot be reached, then it is necessary to apply to the CSA.

The CSA may become involved automatically where the parent with care is in receipt of benefits (such as income support, income based job seekers allowance or other qualifying benefit). When an application is made to the CSA, they will carry out an assessment of maintenance. 

There is criticism of the CSA in their delay in making these assessments, therefore it is better to apply sooner rather than later as you will not be able to recover maintenance for any period prior to applying to the CSA.

In calculating maintenance, the CSA applies a fairly simple formula; broadly if you have one child living with you the other parent will have to pay 15% of their net income (i.e. after tax, national insurance and pension payments), 20% if you have two children and 25% if you have three or more children. If the children generally live with you at least one night a week, that would be reduced by a seventh, two nights a week two sevenths and so on. 

Please note, this is only a brief summary of the CSA's general approach. To get more information visit the Child Support Agency website, which provides more detailed information.

There are some situations where the court will deal with maintenance for children, such as when one of the parents does not live in the United Kingdom. Claims for financial support for children between 18 and 25 years who are still in full time education are made by the child themselves through the courts as opposed to through the Child Support Agency.

Can I get Support or Maintenance?

As long as parties are married there is a potential liability for one spouse to maintain the other. Again, this can be a matter of agreement between the couple themselves, however, if agreement cannot be reached then an application has to be made to the court. 

The court does not apply a formula like the Child Support Agency but rather will take into account the resources and the earning capacity of both parties along with their needs and requirements. In the period after a separation finances can be very uncertain because people are not sure where they are to be living. The courts will make an award if appropriate and this is a matter that depends on your particular circumstances.

Sometimes people come to arrangements whereby one spouse will pay certain bills in relation to the household as part of the maintenance and whilst this may be suitable in the short term, it is not an ideal solution in the longer term. It is therefore preferable to try to arrive at a fixed, regular payment so both parties have control over what money is being spent. It also helps the parties to become financially independent of each other.

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