Child maintenance can be influenced by many factors and the rules vary depending on your situation. It often helps to have legal support to avoid emotion clouding this serious issue.
There are 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 child maintenance differs from country to country. It is quite possible that a claim can be lodged in the country in which the mother, father, or child lives, even if you do not all live in the same country. If your family members live in different countries there may be 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 Child Maintenance Service (CSM) has jurisdiction, not the Courts. People are encouraged to reach agreements between themselves, although if this is not possible, the CSM will deal with the case. 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, for example).
It is worth noting that if care is truly shared equally, 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.
The Child Maintenance Service (CMS) deals 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 elsewhere and only the paying parent resides in England and Wales, then the Courts have jurisdiction to deal with the case. The Courts also deal with a number of other child maintenance issues, such as top up awards.
Die Anwaltskanzlei Beyer Family Law Solicitors ist ausschließlich im Bereich des internationalen Scheidungs- und Familienrechts tätig.
Kerstin Beyer – Beyer Family Law Solicitors – Solicitor (England und Wales), Rechtsanwältin (Deutschland, nicht praktizierend), Summit House, 12 Red Lion Square, London WC1R 4QH. Zugelassen und beaufsichtigt durch die Solicitors Regulation Authority.
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