The Child Support Act is a piece of legislation, which governs the assessment of child maintenance. New rules came into force on 3 March 2003, which impact on the way, particularly, the financial aspects of a divorce/separation are decided. Detailed below are an outline of our answers to some of your frequently asked questions.
When can the CSA have the power to deal with a child maintenance assessment?
Generally the CSA has the power to deal with a case where:
There is an absent parent
The child is either a natural child or adopted child of the parents and
The child is under the age of 16, or under the age of 19 and receiving full time education.
Generally both parents and the child need to be resident in the UK. Under the new legislation, non-resident parents will be liable if they are in the armed services abroad or employed by an UK registered company.
Where a child maintenance order was obtained on or after 3 March 2003 and 12 months has elapsed from the date of Order.
How will child maintenance now be calculated?
The new formula
The non-resident parent (NRP) pays a percentage of his/her net weekly income (NWI). The percentage payable is known as the standard rate and attaches to a maximum income of £2,000 per week. The amount to be paid depends on:
the number of qualifying children (15% for one, 20% for two, and 25% for three or more).
reductions are made for those whose NWI is;
(a) less than £ 200 (pay at a reduced rate, calculated on a sliding scale);
(b) less than £100 (a flat rate of £5 per week);
(c) nil rate for NRP's such as prisoners, patients or students and
(d) reductions for children in the NRP's new family (percentage reduction of 15% for one, 20% for two, and 25% for three or more) and
(e) for staying contact in excess of 51 nights per year. The assessment is reduced as follows:
one seventh for 52 to 103 nights
two sevenths for 104 to 155 nights; and
one half if the child stays for more than 156 nights per year.
The calculation is done for each child; the total is aggregated and then divided by the number of children. The total maintenance calculation is then reduced by that figure.
Does the CSA have any discretion on the amount payable?
Yes, in limited circumstances. Some variations and discretionary departures from the formula are available if the strict formula does not properly reflect the NRP' s ability to support his children. The applicant will need to show:
exceptional costs involved in maintaining contact with the child(ren);
costs relating to long term illness or disability of a child other than one the subject of the assessment;
boarding school fees;
debts incurred during the marriage, including paying the mortgage on the former family home;
capital was given as a separation arrangement taking place before a date in 1993; or
the NRP has income which is not taken into account, has diverted his/her income or has assets of over £65,000 apart form this in his/her home or business.
If we reach an agreement and an order is obtained from the court will that stop my former partner from applying to the CSA in the future?
No. Any child maintenance order made after 3 March 2003 will not stop either party from apply to the CSA in the future. Either party can, after 12 months, apply to CSA for an assessment to replace the order. In the circumstances there is no point in agreeing a figure for child maintenance that is different from the amount payable under the formula as it can be adjusted, on the application to the CSA, after 12 months.
If an order was obtained before 3 March 2003 the maintenance will continue to be variable by the court only and not the CSA.
Do the new rules apply to existing orders?
The new rules only apply to, (1) new cases going to the CSA and, (2) court orders made on or after 3 March 2003. However;
if an order is subsequently varied (after 3 March 2003) then it might be caught by the new rules
an existing CSA assessment will probably be converted to the new system next year, with transitional relief.
Can a child maintenance assessment change?
Yes, upward or downwards, depending on the NRP income or family circumstances (e.g. there will be a reduction if the NRP lives with a partner and her/his children, or there is an increase/decrease in the number of staying contact visits over the year). The income of the parent with care is completely irrelevant.
Can I still obtain a child maintenance order from the court?
Yes, you can obtain a child maintenance order in certain circumstances, which include:
(a) by agreement with the NRP (however, either can apply to the CSA 12 months after the order has been made); or
In order to obtain:
(b) a top-up order in very high-income cases
(c) a school fees order
(d) child maintenance order for a step child
IN CONCLUSION
The changes in the legislation have simplified the process for calculating the level of maintenance payable. However, the formula in itself has caused controversy and unfortunately may cause conflict between matters, which should be, kept apart, namely finances and contact arrangements.
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