The Child Support Act provides the legal framework for child maintenance payments through the Government’s statutory Child Maintenance Service. Among other things, the Act authorises the statutory services to calculate and collect child maintenance. It also says that when a parent opens a case with them and a statutory child maintenance amount is calculated, the paying parent is legally required to pay it.
They were previously know as the Child Support Agency (CSA). They can only deal with children of the blood or adoption, so there is no jurisdiction to assess maintenance for a step-child. Also, all parties have to be resident within the UK. Where either of the parents or the child move out of the UK, the Courts may regain jurisdiction.The Child Maintenance Service can also apply for a declaration of paternity under section 27 of the Child Support Act 1991.
The government is very keen to encourage parents to work together to agree maintenance payments via a family-based arrangement. As such they provide a great deal of information on their website to try and help parents come to an amicable agreement without the use of a government funded service. Here’s how they can help parents agree child maintenance payments:
The Child Maintenance Service usually follow a 6 Step Approach to calculate the weekly amount of child maintenance. They will look at your income and the things that affect it, the number of children the paying parent has parental responsibility for, the child maintenance rate and finally it will make a deduction for shared care of the child. The weekly amount is reviewed every year or sooner if there is a change in circumstances.