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Financial Provision for Children

Claiming Child Support

The importance and significance of child support cannot be under estimated where there has been a breakdown of a relationship between parents.

Until 1991 the only way you could obtain financial support for a child was through an application to the court.  Since then the position has almost entirely changed.

The Child Support Act 1991 introduced a system where the ability to claim child support was removed from the courts and instead vested in the Child Support Agency (CSA). The CSA is now almost entirely responsible for the enforcement and collection of child maintenance.

However, in some cases the CSA does not have the power to deal with child maintenance and therefore applications to the court may still be necessary.  This could be where the absent parent lives abroad, has a high level of income which is above a specific level, or where you are seeking a contribution to school fees.

We always aim to settle your case out of court first, amicably with the other parent, but if court proceedings are required then we are able to advise and help you with this process.

 

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Guidance

Financial provision for the children of unmarried couples

When a married couple divorce in England, the Matrimonial Causes Act 1973 provides a wide range of financial provision for the spouses.  Where an unmarried couple have a child together, the parent with care may have to seek financial provision for the child under Schedule 1 of the Children Act 1989.  

This article explores the decision in the case of PG v TW (no.2) (Child: financial provision).

iGuide: Child Maintenance

Many parents are able to agree child maintenance, or where necessary have to involve the Child Support Agency. Our iGuide explains more about child support arrangements.

The Family Law Show: Programme 8 - Child Support System within the UK

Lucy Loizou and Katie Harris discuss issues around child support and maintenance

The Family Law Show: Programme 7 - Finances & Assets upon Divorce

Lucy Loizou and Carmel Brown discuss how financial matters are dealt with on divorce

Best interests of the child overrides EU finance jurisdiction law

David Hodson considers the recent Opinion of an Advocate General of the European Union Court of Justice (CJEU) which seems to set out a potentially significant widening of jurisdiction in EU family law finance cases, and perhaps even divorce cases, based on the supremacy of the best interests of the child. 

iGuide: Resolution by Out of Court Settlements

There are many different ways to resolve cases without the need to go to court. Here is our iGuide in relation to out of court settlements.