Unlike spousal maintenance where payment is dependent on a number of factors (and so may or may not be payable, depending on the circumstances of the case), an absent parent has an automatic obligation to maintain their children through the payment of child maintenance. As with spousal maintenance, child maintenance is normally paid monthly and usually until the child concerned reaches 16, or finishes full-time secondary education, whichever is later. Jurisdiction over child maintenance mainly lies with the Child Maintenance Service (CMS). However, the court does retain residuary powers including top-up orders and school fees orders. In the event that the parties cannot agree upon the amount of child maintenance to be paid, an application can be made to the CMS for a calculation of how much the absent parent should be paying each month.
The calculation of child maintenance is formulaic. To find out more about spousal and child maintenance speak to our team of divorce financial settlement experts who can advise you on your next steps.