The simplest and most cost effective way is to agree child maintenance yourselves, known as a family-based arrangement. However, if this is proving difficult there are two other options; using the Child Maintenance Service, or applying for a Financial Relief Order. The latter can also cover lump sum payments, ownership of property, living expenses and a possible share of your partner’s pension.
This process is treated separately from your divorce application proceedings and usually takes longer, somewhere between 6 to 12 months, depending on the court waiting lists. It may also result in you attending a court appointment and perhaps a number of court hearings. To apply, you need to fill in a financial order application form and send 2 copies of it together with a fee of £255 to your nearest court. As you may need to attend the court at some point, try to ensure you find the closest one to you.
Before a Financial order can be given by the court, you’ll need to prove you’ve considered mediation and have filled in a Family Mediation Information and Assessment form. This doesn’t apply in cases where there has been domestic abuse.
If you would like some advice on child maintenance or any type of court order, please call us for your free consultation on 01935 823883 to discuss your particular circumstances.