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Child Maintenance – Changes on the way!

Child Maintenance – Changes on the way!

The rules relating to child maintenance are changing according to the Child Maintenance and Other Payments Act 2008 (CMOPA 2008).

Currently child maintenance paid through the CSA is calculated using the net weekly or monthly income of the non-resident parent. Under the new rules maintenance will be calculated using the gross income of the non-resident parent, i.e. before tax and national insurance has been deducted.

CMOPA 2008 came into force in December 2012, but currently only affects new applications relating to at least four children. The rules for new cases involving three children or less will be introduced in stages at dates yet to be announced. Under CMOPA 2008, the following calculations will apply for the non-resident parent’s gross weekly income of £200 or more:

  • 1 child 12% per week up to £800 and 9% on the remainder
  • 2 children 16% per week up to £800 and 12% on the remainder
  • 3 children + 19% per week up to £800 and 15% on the remainder

Another important change is that the maximum age for a child for the purposes of child maintenance paid through the CSA will be increased from 19 to 20.

It is of course possible, and advisable where possible, to agree child maintenance between parents without involving the CSA. If you would like more information about child maintenance or any aspect of family law, or an initial FREE consultation, please contact:

Elizabeth Hodder
Partner & Collaborative Lawyer:
eah@gross.co.uk

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