How much money will my ex have to pay for
Who should be responsible for the children’s financial needs?
In respect of finances, it is important to note that both parents have financial responsibilities towards their child. This is irrespective of whether you were married or not, and the length of your relationship with the other parent. Usually, the primary caregiver i.e. the parent with whom the children spend a greater number of nights, will be entitled to seek child maintenance from the other parent.
How much should the other parent have to pay?
You can agree a sum between you. If you’re not sure how much would be fair, you can use the child maintenance calculator to help you : Calculate your child maintenance – GOV.UK (www.gov.uk). The child maintenance calculator will calculate a sum according to:
- The paying parent’s income
- The number of children for whom you are claiming maintenance
- How often the children stay with the paying parent overnight
- How many other children live with the paying parent
- Whether the paying parent already pays maintenance for children they have with someone else
What if we can’t agree?
If you can’t agree a sum or it’s not appropriate for you to negotiate with the other parent directly, then you could ask a 3rd party to assist you. This could be a mediator or a solicitor if you are considering arrangements generally. Alternatively, you may wish to make an application to the Child Maintenance Service (CMS) to assist you with this, Child Maintenance Service: What child maintenance is – GOV.UK (www.gov.uk). Using the Child Maintenance Service can be particularly helpful if you think the other parent isn’t likely to stick to an agreement. This is because the CMS have powers of enforcement.
If you are going through financial court proceedings as a result of divorce, the level of child maintenance can be included in the financial remedy court order. You should note however, that this would only be binding for 12 months from the date of the order. After this period, either party can apply to the CMS to have this figure reassessed.
What if I need further financial help other than child maintenance?
If you’re going through a divorce then any financial settlement will consider the children’s financial needs holistically, including their housing needs.
If you and the other parent were not or are no longer legally married, then Schedule 1 of the Children Act 1989 can help if additional financial provision for the benefit of the children is needed. Such claims can include:
- Periodical payments for:
- Educational costs
- Costs relating to your child’s disability
- Child maintenance top-up orders (where the paying parents income exceeds a prescribed sum)
- Lump sums such as:
- Capitalised periodical payments
- A deposit for a property
- To furnish a property
- For a car
- For liabilities/ debts
- Settlement or transfer of property – usually until the youngest child turns 18 or finishes University
Such claims can be expensive and the success of such a claim will depend largely on the paying party’s resources and commitments. Financial disclosure will therefore be necessary. It is therefore best to seek legal advice before pursuing such a claim.
For more information, contact Madia Aslam or a member of Gardner Leader’s Family Team.
Madia is a solicitor in the Family team at Gardner Leader and is predominantly based at the Maidenhead office. Madia is instructed to act by clients in respect of all aspects of relationship breakdown including divorce, finances and children matters. Madia has an interest in the crossover between Islamic law at the extent to which it is recognised and England and Wales and has written a number of articles in respect of this. Madia is multi-lingual and can additionally speak Patwari/Mirpuri and Urdu. Clients have complimented Madia on being prompt, decisive and approachable