Child Maintenance Adjustment
The individual is currently overpaying in child maintenance, sending approximately £40 weekly despite being liable for only about £18. The individual now has their child for 4 nights and 2 days weekly, with the child attending nursery on the remaining days, as the other parent has secured employment and is in a new relationship. There are no formal legal agreements regarding the maintenance payments, raising concerns about potential repercussions from the other parent, which could affect time with the child. There is apprehension about continuing the excess payments given the current shared custody arrangement and the financial changes of the other parent.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I formalise a child maintenance agreement that reflects my current custody arrangement?
To formalise a child maintenance agreement that reflects your custody arrangement, consider applying for a Child Maintenance Service (CMS) calculation. The CMS uses a formula considering both parents' incomes and arrangements to determine the payment amount. Alternatively, you could negotiate a 'family-based arrangement' with the other parent, documenting agreed terms in writing for reference. While this isn’t legally binding, it may serve as evidence in any disputes. Engaging a family mediator could also help in reaching a fair agreement. If you seek a legally binding resolution, applying for a consent order through the court is advisable, ensuring mutual agreement and court approval without contentious proceedings.
What legal steps can I take to ensure my time with my child is protected if I adjust the maintenance payments?
To safeguard your time with your child, you may apply for a Child Arrangements Order through the Family Court. This order formalises living and contact arrangements and enhances consistency, reducing disputes. Mediation is often recommended prior to court proceedings for a more amicable agreement, offering a flexible alternative to court orders.
Is there a way to calculate the appropriate amount of child maintenance given the revised circumstances?
To find the appropriate child maintenance amount under the revised circumstances, you can use the CMS calculator. Given your child’s stay of 4 nights and 2 days weekly with you, this shared care arrangement should be factored into the calculation, potentially reducing your payment amount.
What are the potential legal consequences if I stop paying the extra child maintenance amount?
Stopping the additional child maintenance payments may lead to consequences, especially if the other parent pursues legal action. A reduction in payments without a formal agreement might trigger disputes. The CMS could become involved if reported by the other parent, leading to a formal assessment of your obligations.
How does the other parent's new relationship and employment affect my child maintenance obligations?
Child maintenance is primarily based on the non-resident parent's income and the shared custody arrangement. The other parent’s new relationship or employment doesn’t directly change your obligations but may influence the amount owed, considering your increased time with the child.
