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Child Maintenance ClaimsChild maintenance can be influenced by many factors and the rules vary depending on your situation. It often helps to have legal support so emotions don't cloud this serious issue.

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There were numerous factors that can affect how much child maintenance you should pay or receive and we always advise that you contact us first to discuss your specific circumstances.

You should bear in mind that the child maintenance that is payable differs from country to country and it is quite possible that a claim can be lodged in the country in which the mother or the father or the child lives even if you do not live in the same country. If your family members live in different countries then maybe there is jurisdiction in more than one country.

If the mother, father and the child all reside in England and Wales then the general rule is that the courts do not have jurisdiction to deal with issues of child maintenance. Instead the Child Support Agency (CSA) which will be gradually replaced by the Child Maintenance Service (CSM) will deal with the case although people are encouraged to reach agreements between themselves. However, exceptions apply in which the courts can retain jurisdiction to deal with specific issues relating to child maintenance (top-up orders or school fees orders).

It is worth noting that if there is truly equal shared care, no child maintenance is payable. However, if one parent receives child benefit then there is a rebuttable presumption that the parent is providing care for the child and should receive child maintenance.

Child maintenance can be a complicated and emotional issue and we would recommend you take professional advice.

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International child maintenance

The Child Maintenance Service (“CMS”) and the Child Support Agency (“CSA”) deal with cases in which the whole family, i.e. child, receiving parent and paying parent reside in England and Wales. If the case has an international element, for example if the child resides outside England and Wales and only the paying parent resides in England and Wales, then the Courts have jurisdiction to deal with the case. The Courts will also deal with a number of other child maintenance issues, such as top up awards.

    Questions? Ask Below ...

    Child Maintenance Claim Case Example

    S is a Bulgarian national. She lived in London for a while and fell pregnant whilst having an affair with a married man. She returned to Bulgaria with her child but sought child maintenance from the father. He ignored her requests.

    Our Solution

    We issued proceedings under Schedule 1 of the Children Act 1989 in London to secure the jurisdiction of England and Wales. We then wrote the father of the child a letter advising him of the proceedings, seeking financial disclosure and requesting he pay a monthly sum for the child. The parties negotiated and reached an agreement after some time. S now receives child maintenance for her son every month.

    “Our door is always open and I am always on hand to help. If you are concerned about your situation or need some advice, you can call me now. It won't cost you anything for us to speak.”

    Kerstin Beyer Principal Partner

      Thank you for everything that you have done… you certainly went the extra mile! I am grateful that I am now in the position to move forward with the kids, without too many worries.

      from Divorce Client
      Die Anwaltskanzlei Beyer Family Law Solicitors ist ausschließlich auf dem Gebiet des Internationalen Scheidungs- und Familienrechts tätig Deutsche Webseite
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