Family law and child support

 

Family law in the UK covers various aspects of the financial and child-related arrangements following the separation of parents. Family law child support laws govern the payment of child maintenance, which is regular financial support to the parent with the primary care of the child.

Under family law, child support laws divide parents into the parent with care (PWC) and non-resident parent (NRP). This is dependent upon which parent the child normally lives with. If you have a dispute over who the child will live with, you may be able to mediate to resolve this, or ask the court to decide according to family law. Child support is governed by separate laws. However, even when a court grants joint residency to both parents, child support law still requires one parent to be the PWC and the other to be the NRP. In some cases the person receiving child maintenance can be a grandparent or guardian, if the child normally lives with them.

Family law child support laws can cover children up to the age of 17, or 19 if they are in certain types of full-time education. There are certain circumstances which the child support laws will not cover. These include: step-children; school fees; where the absent parent is resident outside the UK; if the parent with care is resident outside the UK or if the child is resident outside the UK. In these situations you may be able to apply to the court to make a family law order. The court can also make a family law order about other matters that the CSA can’t, including top-up orders where large financial orders are considered and meeting the particular special needs of a child.

Complexities will also arise where you cannot find the other parent, or the other parent denies they are the natural parent, or refuses to pay maintenance. In such circumstances, the CSA and the courts have various powers to order investigation, and enforcement of child maintenance.

If you would like to obtain legal advice on family law child support laws, Caven can put you in touch with local specialist family / child  solicitors free of charge. So, if you have any questions or would like our help in finding local specialist family / child  solicitors please call us on 08001 221 2299 or complete the web-form above.

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