Financial Support for Children After Divorce
Coming to an agreement about supporting any children after a divorce is essential and may not be easy to arrange. However, sound financial arrangements must be in place to ensure that children do not lose out when a couple get divorced.
Find an expert Divorce Solicitor:
Most divorcing couples will need a solicitor to take them through the whole process from the beginning to the granting of the Decree Absolute which finalises the divorce. We can put you in touch with a local expert divorce solicitor who you could talk to about your situation. This would be free and at no obligation.
Sort out your Finances:
The financial aspects of a divorce are crucial to the future of you and your children. Sorting this out especially if it involves pension rights can be very complex and adds to an already stressful situation. We can help by putting you in touch with a local Independent Financial Adviser who you could chat to at no cost or obligation to see if you need their help and expertise.
Financial responsibility for children after divorce
Responsibility for supporting a child financially ends at seventeen or when that child leaves full time education, whichever comes later, and there is no clean break with regard to supporting a child financially as there is between a husband and wife. The non resident parent must pay for this support even where there is no contact between them and any children of the marriage after a divorce.
That is the law and although maintenance and contact are two entirely separate issues a dispute about the former can sometimes lead to problems with the latter. However, a parent who has consistent and worthwhile contact with his or her child is less likely to default on maintenance payments than one who is challenging, or being challenged, over contact arrangements.
The CMA and the children of divorced parents
You can apply for maintenance for a child before a divorce petition is filed by applying to the Child Maitenance Agency or a voluntary agreement can be made between parents. Once a divorce petition has been made there are, dependent on circumstances a number of different ways in which maintenance for any children can be paid. If other applications are already being made to the court any agreement between parents can be converted to a court order at the same time.
Alternatively, the court can make a decision about child maintenance if asked, based on the level that would have been awarded by the CMA. However, when benefits such as Income Support are being paid to the resident parent (the parent with whom a child lives most of the time) then the CSA will decide the level of the award.
The CMA is an executive agency of the Department for Work and Pensions whose remit is to assess, collect and pay child support maintenance for those parents who no longer live together. To find out how to apply to the CMA or to work out a calculation of how much you may be liable to pay visit their website.
It should go without saying that it is in everyone's interests to work out a financial arrangement that suits all concerned without causing undue hardship to anyone. Expert advice about divorce finances can be a great help in reaching agreement. At the heart of it all it must be remembered that the children must come before any other consideration when parents get divorced. They are the innocent party (or parties) and that must never be forgotten.
If you want to understand more about the divorce process and be able to do some of it yourself then Lawpack have an invaluable self help kit about getting divorced or separated.
Find an expert Divorce Solicitor: Free, no obligation consultation with a local expert divorce solicitor
Sort out your Finances: Free, no obligation consultation with an IFA in your area to help you with your Divorce Finances