There is currently a statutory system in place in the UK regarding the payment of child maintenance. The Child Maintenance Service is for parents who have not been able to agree arrangements for the paying of their child’s living costs.

In most situations it is not possible to apply to the court for financial support for children and therefore parents need to use the statutory system. However, there are certain circumstances where the Child Maintenance Service does not have jurisdiction to deal with such claims.

These situations include the following:

• If the paying parent lives and works abroad
• If the child lives abroad
• If the paying parent earns more than £156,000 per annum
• If the child attends a fee paying school or financial assistance is required with other educational expenses such as nursery or university costs
• If the child has a disability and additional financial assistance is required to meet their needs associated with that disability

These applications will need to be made to the court either as part of the financial remedy proceedings associated with the parent’s divorce or separately under Schedule 1 of the Children Act 1989.
To speak to a lawyer about financial provision for children, please get in touch with our family law team by calling 01257 422500 or by emailing e.liddle@phsols.co.uk