Family breakdown – child support

Parents who are separated each have a legal duty to maintain their child which means both parents are financially responsible for their child, broadly speaking if (s)he is 16 years old or under, or up to the age of 19 years and in full time secondary education.  It is not possible for one parent to, for example, make a one off lump sum payment to “buy out” their liability to pay child maintenance. 

The Child Support Agency is responsible for administering child maintenance in most cases, but there are a few cases where the Courts still have jurisdiction, such as in relation to step children, payment of school fees, when Orders are made by agreement (but for a duration of one year only), or if one of the parents is living abroad.

Therefore, it is only in a very small range of situations which fall outside the scope of the Child Support Agency that the Court has the power to intervene.  In such cases, the Court considers all of the circumstances of the case.    

Accordingly, the Courts have retained the power to order a payment to meet the expenses of educational training.  Most importantly, this means that the Court retains the power to order a parent to pay private school fees. 

This article provides only general information regarding the law relating to child maintenance and does not constitute legal or professional advice. For further information and advice in relation to this article or other aspects of family law, please contact Mandeep Clair or the Family Law Team at Grant Saw on 020 8858 6971 or family@grantsaw.co.uk.