If parents cannot agree on the level of child maintenance either parent, if the child or children is living in the UK, can apply to the Child Maintenance Service (CMS). This has now taken over the role previously played by the Child Support Agency (CSA) to carry out child maintenance assessments.

If you have a CSA assessment then it is the rules of the CSA, which will calculate the level of your child’s income support going forward.  In 2012 the CMS came into being and any new application for child support since then is under their jurisdiction.  The CMS and CSA use different criteria when calculating the amount of maintenance which one parent should pay to the other parent by way of child support.

However, if one of the parents lives outside the United Kingdom then the Court retains the jurisdiction and the Court will then take into account various issues and not just income needs to calculate the sum to be paid for the child.

Parents who also have a very high income are not only subject to an assessment by either the CSA or the CMS but also potentially an application for a top up provision from the Court. If your child is attending a private paying school/college then it will be for the Court to decide who should be responsible for those school fees and any other educational related expenses

Due to the variety of options available we provide expert advice as to the way forward.  We have a team of specialist Family Law Solicitors who would be happy to advise.  Call us on 0844 800 9860 or contact us online for advice about your specific circumstances.