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Child Support
The field of maintenance for children received further reform with the passing of the Child Maintenance and Other Payments Act 2008. Whether the new system will prove any more effective than the one it replaces remains to be seen.
The principle provisions of the new legislation are :-
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The child Support Agency has been abolished and will be replaced by the Child Maintenance and Enforcement Commission. |
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Single parent claimants of state benefits are relieved of the previous requirement to co-operate with a child support assessment – or face a reduction in benefit payable. |
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The basis for calculation of child support is varied. The old regime where an “absent parent” was assessed to pay 15%/20%/25% of net income for 1, 2 or 3 (or more) children has been scrapped. This is replaced by an assessment based on 12%/16% and 19% of gross income to a ceiling of £800 per week gross. In the case of higher earners income between £800 - £3,000 per week is assessed at 9%/12%/15%. Income above £3,000 per week is exempt from assessment. |
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Where a paying parents income is less than £l00 per week the assessment will be at a flat rate of £7 per week. |
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The sum of maintenance levied may be reduced if either care of the children concerned is shared or if the paying parent has other children living with him. |
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Maintenance is to be assessed in relation to children under age 16 or under age 20 if they are in continuing education. |
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The Agency will be given more vigorous powers of enforcement including (significantly) the ability of a person owed arrears of child support to “offset” outstanding child maintenance due against money due to the paying parent under any deferred charge secured upon the family home. Other means of enforcement will include deductions from earnings, deductions from bank accounts, freezing of bank accounts, and preventing payers from disposal of assets to defeat a claim for Child Support. Failure to pay can lead to loss of the payers passport (for a maximum of 2 years) in certain circumstances including that the failure to pay is wilful or culpable. The Court may also direct that a payer is physically searched and any money found applied in reduction of child support arrears. A Court has the power to direct that where a payer has wilfully/culpably failed to pay child support that they be subject to a “curfew order” for a maximum of 6 months and which restricts the payers ability to remain in specified locations for specified periods each day. Failure to comply may lead to imprisonment. |
The Commission will have the authority to make “deals” writing off arrears or accepting smaller sums in lieu of outstanding balances. The circumstances in which the Agency is to have this discretion is to be prescribed by regulation. The Agency will have the authority to disclose a non paying parent’s record to credit reference agencies – so potentially damaging their credit rating.
It is expected that “old” child support cases will gradually transition to the “new” regime.
Lawson Lewis Blakers are able to provide advise and representation in relation to these matters.
We are able to offer specialist advice.
Call 01323 720142 now for a consultation with a specialist Solicitor or a Lawyer at Lawson Lewis Blakers.
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