We can offer advice on the application of the formula used by the Child Support Agency  (CSA) to determine the appropriate levels of child maintenance, whether you choose to involve the CSA or not.

It is the responsibility of the CSA to assess the level of maintenance a non-resident parent has to pay to the parent with care of the child upon separation.  On divorce, generally speaking, the Court does not have the power to assess the level of child maintenance, although there are some exceptions.  Only where the parties are in agreement over this aspect can this be included within a Court Order.  However, either parent can apply to the CSA one year after the Court Order for assessment should they so wish.

In March 2003 the CSA assessment was replaced by a simple formula, although claims before this date are still assessed pursuant to the previous, more comlicated valuation.

Under the new scheme, the non-resident parent's liability is calculated as a percentage of his / her net income as follows:

One child - 15 percent

Two children - 20 percent

Three or more children  - 25 percent

This liability is reduced depending whether the child stays overnight with the non-resident parent as follows:

52 to 103 nights - 1/7

104 to 155 nights - 2/7

156 to 174 nights - 3/7

175 nights or more -  1/2 plus £7.00 per week

Further deductions can be made for any "relevant other children" of the non-resident parent such as children living with the non-resident parent who are the children of either him /her-self of his / her partner.

There is also a maximum net income limit beyond which the parent with care can apply to Court for a Topping Up Order.

 

If you would like advice or assistance on any of the above and would like to make an enquiry, please click here