When you are a separated or divorced parent it can be hard to reach an agreement over aspects of your child’s parenting. The importance of a child’s education can be a trigger point for family law disputes with each parent holding equally strong views about the schooling and education choices that are best for their child. In this article, children law solicitor Louise Halford helps parents understand their options when there is a family law dispute over schooling. For expert family and children law advice call our team of specialist divorce lawyers or complete our online enquiry form. School-related family law disputes Parents can get involved in a range of school-related children and family law disputes including: Whether a child should be privately educated or state educated The choice of private school – with disputes over whether a child should board or be a day pupil or the location of the school or its specialism in academic achievements or sports The decision to home school Entering a child for grammar school exams Whether to request a special educational needs assessment or not The decision to request a child attends a mainstream school or a specialist school Attendance of both parents at school sports days or plays or other events The release of information, such as school reports or attendance records, by the school to the parent who does not have daily care of the child Contact arrangements and collection from or return to school One parent taking the child on holiday during term time Parental disagreement over use of school disciplines, such as school detention, suspension, or exclusion Resolving school-related parent disputes It is best to resolve school-related parent disputes as quickly as possible. Ways to achieve that include: Solicitor negotiations Roundtable meeting Family mediation If you cannot reach an agreement then either you or your ex-husband or wife can apply to the court for the court to decide on the issue in dispute. This is called an application for a specific issue order. Alternatively, you may need to apply for or respond to an application for a prohibited steps order or child arrangement order. During any children law proceedings, you will be encouraged to reach a resolution so you do not have to ask a judge to determine the school-related dispute at a contested final hearing. [related_posts] Court proceedings to determine school-related parental disputes Whatever type of school-related parental dispute a judge is being asked to adjudicate on, the court must look at a range of factors, known as the ‘welfare checklist’ when making a decision. The key point is that the court must make a decision based on what it thinks is in the child’s best interests. For example, you may want your child to be privately educated and you may have selected and reserved a place at the best private prep school with an excellent academic record. Your ex-spouse may believe that your child is too young to board or that your child is not sufficiently academic to thrive in your chosen prep school. You may attribute their objections to selfishness on their part or a desire to thwart your long-held ambitions for your son or daughter. A court will consider your child’s wishes and feelings after considering their age and level of understanding as well as their personality and both parents’ arguments.  The fact that a child does not want to go to a new school does not mean that the court will not make a specific issue order as the court will look at what is in the child’s overall best interests. The likelihood of succeeding in an application for a specific issue order in part depends on the homework you and your family lawyer do in preparation for the court case. For example, if there is a dispute over the choice of school, checking Ofsted reports can be helpful. If there is a dispute over whether home-schooling is in a child’s best interests a detailed statement covering why a parent is so committed to home education, their research on available local resources and support groups, the child’s experiences in previous schools, and how the parent can cover a range of lessons, and ensure the child also enjoys activities with friends of their own age such as drama and sport, can be very persuasive. For expert family and children law advice call our team of specialist divorce lawyers or complete our online enquiry form.

Many parents who are thinking about a separation or divorce want to make a fresh start overseas with their child. In this article, specialist family law solicitor Louise Halford shares her experience in helping parents apply to move abroad with their children and advising parents on how best to oppose child relocation applications. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form. Moving overseas with a child after separation or divorce Evolve Family Law has seen an increase in inquiries from parents about moving out of the UK with their children. The inquiries are not just from parents currently based in Cheshire and the North West of England, but from across the UK. The increase in children law inquiries is down to the following trends: The world becoming a smaller place with people meeting and marrying partners from other countries The number of overseas families who came to the UK on work visas and dependant visas and who settle in the UK by securing indefinite leave to remain or British citizenship but, after a separation or divorce, one parent wants to return to their country of origin Emigrating for work as opportunities for working abroad increase International parenting after separation or divorce It is said that being a parent is one of the hardest jobs in the world. That is particularly true for any parent who is involved in ‘international parenting’ as a result of one parent moving abroad with the child. Most parents find it hard enough to let their child go off for the weekend with their ex-partner, let alone accept that their child should get on a plane to another country to see their mum or dad. Prior to committing emotionally or financially to an overseas move, many parents don’t fully appreciate that if they are successful in relocating abroad with their child that the family court will often order that the child should spend long chunks of time during holidays with the parent who is not moving abroad and who will be missing their weekend contact. It is often said that there are ‘no winners, only losers’ when one parent moves to another country with their child, whether that be back to a parent’s country of origin or as a result of a new job or relationship. However, with communication and imaginative contact arrangements, even airport handovers, can work. If it is a relocation to Spain then the flight from Manchester or Liverpool airport and the child’s handover may be a lot easier than navigating a motorway trip from Cheshire to Cornwall or Guildford. [related_posts] The law on international child relocation Some parents are well-researched on the law on child relocation but for others, it is a whole new arena. The basic principle is that if a child is habitually resident in the UK the child can’t move abroad with either parent unless the other parent agrees to the move or the family court makes an order granting permission to relocate. The law on child relocation and moving abroad with your child can be hard for a parent to get to grips with. If, for example, both parents originate from the US but currently live in the UK with their children this may mean that their children are classed as habitually resident in the UK. Therefore, although all the family members are American citizens, if one parent wants to return ‘home’ to the US with the children, permission still has to be obtained from an English court.  Without specialist legal advice on child relocation law, many parents don’t realise the implications of booking their flight home. The legal and personal costs of not knowing the law on international parenting can have a devastating impact on a parent and their chances of successfully getting a court order to let them take their child abroad or a child arrangement order. Contact arrangements if a child moves overseas As part of one parent agreeing to give permission, or the court making an order allowing the other parent to relocate, the contact arrangements should be recorded. If a court order to relocate is made the court will normally also make a child arrangements order setting out how often the child should see the other parent. The court order can include written contact, Skype, and face-to-face contact. An agreement should be reached and recorded on specific details such as The agreed travel arrangements Who, if anyone, will accompany the child Who should pay for the costs of flights Extended family and grandparent’s ability to travel, time differences with Skype, the child’s ‘best friend’, and key dates such as Thanksgiving and grandad’s 80th birthday should not be forgotten. ‘Small’ details such as these can impact on whether arrangements work for a child. Compromise is also a key factor as if grandparents can’t make a long-haul flight to Australia for Christmas could both parents split the travel and meet in Dubai? It is often those small points that make all the difference in whether international parenting will work for a family or not. Legal advice on child relocation overseas It is always tough to answer a query on whether a mum or dad will get permission to move abroad. That is not just because the law on this subject is so complex but also down to international parenting being one of the hardest things for any parent to contemplate, and therefore for their family law solicitor, to guide a parent through. Invariably a parent is already emotionally, if not financially, committed to their move abroad before they take the step of getting advice and so it is always worth getting an assessment of your family situation and your options before you commit to a move. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form.

It's hard to put a price on seeing your children. It is also hard for a children law solicitor to put a price on the cost of a child contact Order or child arrangement Order. In this blog expert children law solicitor, Louise Halford, takes a look at the cost of a child contact Order. Evolve Family Law are Cheshire, Manchester and Online Family and Children Law Solicitors. For legal help on family law and children law proceedings call us or complete our online enquiry form. Are child contact Orders worth the cost? Whether a child contact Order is worth the cost depends on who you speak to. Recently, ‘I am a celebrity’ winner and former EastEnders actor, Jo Swash, reportedly said that the money he spent in legal fees to get an Order to see his eldest son was ‘the best he’s ever spent’. We don’t think Jo Swash likes paying lawyers, it was more that he felt that it was only when his children law solicitors secured a child contact Order for him that he got to develop the sort of relationship that he wanted with his eldest son. It is undoubtedly always difficult when a couple split up and one person forms a relationship with someone who already has children or the new couple go on to have children together. The feelings of hurt can make it harder to agree contact arrangements and prompt court proceedings to secure a child arrangement Order so a parent can get to see their child. We don’t know exactly why Jo Swash and his ex-partner ended up in court or why they were not able to agree the child contact arrangements via children law solicitors or in family mediation. What children law solicitor, Louise Halford, does say is that she always tries to discourage children law court proceedings because of the cost ; to your purse and to your emotions. That may sound very odd coming from an experienced children lawyer. However, if you are able to reach a compromise and agree the contact it is normally better for both parents and the child. That is the case however much money you have available to spend on a child arrangement Order application. However, there are some situations where it is best to spend money on a child custody or contact Order, whether that is a child arrangement Order, specific issue Order or prohibited steps Order. For example: One parent is refusing to agree to any contact. A parent is alienating the child against the absent parent so the child is being turned against you. You are concerned that the child is at risk of harm (physical or emotional) by either living with or having contact with the other parent. You are worried that the child may be taken overseas to live against your wishes and that you won't get to find the child if they disappear in a country that isn’t a signatory to the Hague Convention. You may need a prohibited steps Order to prevent child abduction and to protect the child. You were in an abusive relationship and you fear that your former partner is using contact with the child as a means of seeing you and exercising control over you. Their behaviour may make you feel at physical risk or may have such an impact on your emotions that it affects your parenting. One parent is refusing to change the contact arrangements. For example, refusing to let an older child stay overnight with you or go on holiday with you and your new family. There are many other reasons why you as a parent may have no alternative other than apply to the family court for a child arrangement Order to sort out the child custody and contact arrangements but it is best to get independent and impartial children law advice before you make an application to court. The cost of a child contact Order It is difficult for any expert children law solicitor to tell you how much a child contact Order will cost you, however transparent a pricing structure they adopt. That is because in some situations the threat of starting court proceedings is sufficient to get a parent the sort of shared parenting or contact arrangements they want. In other scenarios, a parent can make allegations that the other parent isn’t expecting and firmly disputes. If those allegations go to the heart of whether a child should live with one parent or why a child should have restricted or no contact with the other parent then they need to be investigated by the court. This could involve a series of court hearings including a finding of fact hearing. At a fact finding hearing a family judge will decide if they can make a finding about an allegation. The standard of proof is lower than at a criminal hearing but a family court finding can have significant consequences for the current children law application and any future applications. After any findings have been made at a fact finding hearing the judge will then hold a separate hearing to look at what Orders are in a child’s best interests. For example, a judge might find that domestic violence occurred in the parental relationship but that the child is not at risk of domestic abuse and contact can be managed in a way that means the parents don’t come into direct contact with one another. The costs of a children law custody or contact application can't or should not be measured in purely financial terms. If there is a court hearing with both parents giving evidence it may further polarise the parents or it may create additional stress for an older child who is aware of the court application, possibly because they have been interviewed by a CAFCASS officer appointed by the court to find out the child’s wishes and assess what orders are in the child’s best interests as sometimes what a child wants (or says they want if there is an element of coaching) may not actually be best for the child. An expert children law solicitor can help you look at things from the perspective of a family judge so you have the understanding you need about child custody or contact proceedings  to decide if they are worth it to you or that you have the confidence to reach an agreement in family mediation or during solicitor negotiations. Evolve Family Law are Cheshire, Manchester and Online Family and Children Law Solicitors. For legal help on family law and children law proceedings call us or complete our online enquiry form.

At Evolve Family Law the family and private client solicitors have often commented on the very different ways that married and cohabiting couples are treated when it comes to UK family law and the laws on Wills and estate planning. The wholly different treatment can create many injustices. The saddest aspect is that when deciding whether to cohabit or get married most couples don’t realise the significance of their choice because they are not family solicitors or private client lawyers. Instead, they make their decision on whether to get married purely on personal preferences without a full appreciation of the legal implications. Recently one of the perceived injustices has been righted as the Department for Work and Pensions has announced plans to extend bereavement support to cohabiting couples with children. We are Manchester, Cheshire and Online Family and Private Client Solicitors. For legal help and advice on family law and Wills for cohabiting couples call Evolve Family Law or complete our online enquiry form. Bereavement support for cohabiting families You would think that if you were bereaved with dependent children, you would need financial support, whatever the legal status of your relationship. The law previously said financial help was only available to claim if you were a bereaved parent with dependent children and you were either married or in a civil partnership. You could have been married a month and be able to make a claim but a five or fifteen-year committed cohabiting relationship was not recognised when it came to bereavement help. The government  has now announced that the Widowed Parent’s Allowance and Bereavement Support Payments will be claimable by the cohabiting partner of a deceased who had children living with their partner at the time of the partner’s death. The announcement may appear to be very limited in scope but it is estimated that more than 22,000 families will be able to claim this bereavement financial support. To be eligible to make a claim a person in a cohabiting relationship with dependent children will just need to have been living with their partner at the time of their partner’s death. The announcement isn’t law yet. The law will need to be changed by Act of Parliament. However, the government has said that if the law is changed it plans to allow bereaved cohabitees to make backdated claims to the 30 August 2018. Cohabiting couple advice If you are in a cohabiting relationship, it remains vital that you understand the basics of how your relationship will be treated in law if your relationship breaks down either because one of you decides to leave or if your partner passes away. If you are cohabiting with a partner and you split up your rights and financial claims are limited and based on property law. To protect yourself and your children you need to understand your rights and preferably get a cohabitation agreement drawn up to safeguard yourself and your children. If you are cohabiting it is also vitally important that you each make a Will and power of attorney. That is because, under the law, a cohabitee is not treated as their partner’s next of kin. That means that if your cohabitee dies without leaving a Will you won't receive anything under intestacy rules and instead you will have to make a claim against the estate. Likewise, if your partner loses capacity because of an accident or ill health you won't be able to make decisions on their behalf as under the law you aren’t their next of kin. A health and welfare power of attorney and a financial  power of attorney gives you the right to step in and help if your loved one is incapacitated and unable to make their own decisions on what is in their best interests. [related_posts] How can Evolve Family Law help you? At Evolve Family Law our family law solicitors and private client lawyers can help you with: Cohabitation agreements. Resolving property and cohabitation claims if a relationship breaks down. Mediation support if you are going through family mediation because your cohabiting relationship has broken down. Wills for cohabiting couples including the appointment of testamentary guardians for dependent children. Advice on estate planning for cohabiting couples including inheritance tax and the importance of pension and insurance nominations. Powers of attorney. The creation of life time trusts to protect loved ones Cohabitees and claims against an estate.

North west Children law solicitor, Louise Halford, answers your questions on childcare agreements. Whether you are recently separated or if you have been divorced for some time, if you have children with your ex-partner there is always a connection with them. It does not matter whether you are co-parenting or parallel parenting or your former partner only has overnight contact once a fortnight, a childcare agreement is still important as that way you, your ex-partner and, most importantly, your children, all know where you stand and what the parenting arrangements are. In this article our children law solicitors answer: How do we agree a childcare agreement? What happens if parents can't agree on childcare arrangements? How do you apply for a child arrangement order? Can childcare agreements be changed? How do we agree a childcare agreement? When you are feeling upset about a separation or angry because your ex-partner has not paid child support it can be really hard to put your feelings aside and think about the childcare arrangements that best meet your child’s needs. Many parents find it too difficult to reach a childcare agreement on their own. That can be for many reasons, including: You don’t know your legal rights or Your ex-partner won't compromise – it is their way or no way. Your ex-partner was always very coercive and controlling and you are frightened of upsetting them because they will just make your life more difficult. Your ex-partner says that unless you do what they want they won't pay child support or spousal maintenance or agree a financial settlement. Your ex-partner wants to move overseas with the children or to the other end of the country and you don’t know if you can say no. Your ex-partner says they have agreed things direct with the children so you don’t get a say. You are worried about child abduction and fear that your ex-partner could take the children abroad to live without your agreement. If you don’t think that you can reach a childcare agreement direct with your former husband or wife then a children law solicitor or family mediator may be able to help you sort out an agreement or advise you on applying for a court order. With children law advice you can understand the type of childcare agreement you could reach and your options, such as: Co-parenting or parallel parenting where the children spend an equal amount of time with each parent. One home basis where the children live with one parent but the children have weekly or fortnightly overnight contact with the other parent. Relocation where one parent moves overseas or to another area of the country so contact is more limited to school holidays or long weekends. Whatever type of childcare agreement you reach with your former partner it is best to record the agreement in a parenting plan. Your family solicitor can help you draw this up. What happens if parents can't agree on childcare arrangements? If you can't reach a childcare agreement with your former partner then either of you could ask a family judge to decide on the parenting arrangements. A family court can decide on whether your children should be co-parented with an equal parenting regime of shared care or if one of you should be the primary carer and the other should have contact. This type of order is called a child arrangement order. You may be able to agree the day-to-day parenting of your children but not able to agree a specific issue, such as: Whether your children should be privately educated or If your ex-partner should be able to move overseas with the children or If your child should participate in religious observances or If your ex-partner should be prohibited from getting your children vaccinated. These sorts of issues can be resolved by a court making orders such as: Specific issue orders. Prohibited steps orders. Child relocation orders. School fees orders. How do you apply for a child arrangement order? If you can't reach a childcare agreement then you may need to consider applying for a child arrangement order or other type of children law order, for example, a specific issue order. It is best to get specialist children law legal advice before you start court proceedings as a solicitor can look at your prospects of getting the type of court order you want, and if that is not likely, whether a compromise can be reached to avoid children court proceedings. In some situations, you may need to attend family mediation before you can apply for a child arrangement order. A children lawyer can tell you if you fall within the exemption to thus rule and, if not, advise you on how to get the best out of family mediation. They can make sure you know your legal rights and can provide mediation support. A children solicitor can also help you convert any agreement reached in family mediation into a child arrangement order. If family mediation doesn’t work for you then to apply for a child arrangement order you will need to file a court application setting out what court order you want and briefly explain why. During the court proceedings the judge may order that detailed statements are filed at court. The judge can also order a CAFCASS report and expert reports. Depending on the complexity of the issues, the judge could order a finding of fact hearing before the court decides on what child arrangement order to make at a subsequent welfare hearing. If you do decide to apply for a child arrangement order, Northwest children law solicitors say it is best to focus on why the order you are seeking is in your child’s best interests rather than looking at things from your point of view. Therefore, don’t say ‘it is my right to have contact’ but instead give examples of why your children benefit from contact with you. [related_posts] Can childcare agreements be changed? Childcare agreements can be changed either by parental agreement or court order. Whether you need a court order will depend on whether your former partner agrees to the change and if there is an existing child arrangement order, specific issue order or prohibited steps order. Ideally, any change in parenting arrangements should be agreed rather than you making an application to court. However, children law solicitors understand that some issues cannot be resolved by agreement where both parents are adamant that what they want is best for their child. For example, where one parent wants to move to Spain where the child’s extended family lives and where they will have a better lifestyle but the other parent objects as they won't be able to enjoy as much contact time with their child. How can a children law solicitor at Evolve Family Law help? If you need help to reach a childcare agreement after your separation or divorce or you need advice on applying for a child arrangement order or other children law order we can advise you. We are north west and Online Children Law Solicitors: For expert family law advice call us or complete our online enquiry form.

The newspapers are reporting that Thomas Markle has given an interview and said that he will take his daughter, Meghan Markle, Duchess of Sussex, to court for access to his two grandchildren, Archie and Lilibet. He has reportedly never met his grandchildren following the breakdown of his relationship with his daughter. The news headlines will have made many UK grandparents who have been refused contact with their grandchildren question what their legal rights are. Grandparent rights Grandparents can struggle with seeing their grandchildren for a variety of reasons, from their children moving to the other side of the UK or disagreements with their child or their son or daughter- in-law that leads to little or no contact with their grandchildren. As specialist children law solicitors, we are always reluctant to talk about ‘grandparent rights’ until grandparents have tried to reach an amicable resolution over contact with their grandchildren. If that can't be achieved through direct discussion then you may be able to reach an agreement through family mediation or solicitor negotiations. Talk of rights and court proceedings should only be raised if all other avenues have been explored. You may question why Evolve Family Law doesn’t advocate immediate court proceedings as we are, after all, experts in court representation in contact proceedings. It is because of our expertise that we recommend you try alternatives first as giving evidence in court proceedings can further polarise families. Sometimes pragmatic, inexpensive advice is what you need. Grandparent contact proceedings If you can't resolve matters by agreement, you may have no choice other than to apply to court to see your  grandchildren. If court proceedings are necessary, the children law solicitors at Evolve Family Law will work hard to ensure that the court proceedings are focused on why contact with your grandchildren is in your grandchildren’s best interests and to try to avoid escalating family tensions. If a grandparent wants to apply to court for contact it is a two-stage process. That is because grandparents don’t have a legal right to start an application for a child arrangement Order to secure grandparent contact without first obtaining court permission to make their application. The two-stage process should not deter you from applying to court as most grandparents receive court leave to make a full application for contact. Grandparents applying for child arrangement Orders A child arrangements Order is the new name for a contact or access order. If a parent, grandparent, or other relative wants contact with a child then this is the Order you will need to apply for. When the court looks at the application by a grandparent for permission to apply for a child arrangement Order the court will assess: Your connection with the child. The nature of the application for contact. Whether your application might be potentially harmful to your grandchild’s well-being. Once you have obtained permission to pursue your contact application to obtain a child arrangement Order the court will give directions on your substantive application, such as the filing of statements. At any stage in the court proceedings, you can reach an agreement over grandparent contact so you don’t have to proceed with your application. If you can't reach an agreement then a judge, at the final hearing of your court application, will decide what Orders are in your grandchild’s best interests. The court uses what is referred to as the ‘welfare checklist’ to decide what Order to make whether the application for contact is being made by a parent, grandparent, or other family member. Will I get contact with my grandchildren? ‘Will I get contact with my grandchildren?’ is the question that children law solicitors are asked. It is best to look at the factors that the court considers, and weigh them up, so you know the approach that a family judge will take as that may help you to decide whether to start court proceedings or whether to accept what you view as a compromise over contact with your grandchild.  When the court is deciding a question relating to a child’s upbringing and contact , the child’s welfare is the court’s paramount consideration. That means what is best for the child can trump the parent’s views or what you want. The court considers a set check list of factors when making orders relating to a child. The judge will make their decision based on what they think is best for a child. For example, a parent may want their child to have no contact with a grandparent and the grandparent may want weekly contact. The judge may say monthly contact is best because of the child’s weekend sporting or other commitments whilst recognising the importance of the child having a meaningful and ongoing relationship with their grandparents. [related_posts] How Evolve can help with grandparent contact disputes It is hard to accept that you aren’t seeing your grandchildren, especially when your friends talk about what they get up to with their own grandchildren. Getting grandparent law advice on your best options can help you understand what steps you can take to see your grandchildren. [related_posts] Louise Halford is an expert in children law and grandparent rights. She has many years of experience in helping grandparents gain contact with their grandchildren and understands the pain and pressures grandparents feel under when they can't get to see their grandchildren for reasons outside their control. For expert, empathetic advice call Louise or complete our online enquiry form.

When money is going out of your bank account each month in child maintenance it isn’t surprising that many parents question when the child maintenance will stop. Equally, if you are a parent looking after a strapping twenty-year-old who hasn’t got a job and can't get one, then you will have a different point of view about when child maintenance should stop. In this blog children law solicitor, Louise Halford, answers your questions on when child maintenance stops. When does child maintenance stop? Child maintenance is the financial arrangement between you and the other parent of your child over the money payable to financially support your child after your separation or divorce. Parents make assumptions about when child maintenance stops. Common assumptions include: Child maintenance stops if the parent getting the child maintenance has remarried or is in a new relationship Child maintenance stops if the person getting the child maintenance is earning more than the parent who provides the child support Child maintenance stops if the parent receiving child maintenance refuses child contact and won't let the other parent have a relationship with the child Child maintenance stops if there is someone else helping with financial support for the child, for example a grandparent. All of these assumptions are wrong. It is important to understand that child maintenance isn’t affected by the status of parental relationships or whether one parent is breaching a child arrangement order and refusing contact. You may however be able to stop spousal maintenance or start court proceedings to reduce or stop spousal maintenance or to enforce a child arrangement order. How long is child maintenance payable for? If child maintenance has been calculated by the Child Maintenance Service you will need to pay child maintenance until: Your child is sixteen or Your child is under twenty if they are in approved education or training or The Child Maintenance Service assessment is cancelled. For example, because the child comes to live with you or the care of the child is shared equally or the child is adopted. If you are in any doubt about whether you can stop child maintenance when there is a Child Maintenance Service assessment in place it is best to take specialist legal advice as you don’t want to find out that you are still liable to pay child support and arrears have mounted up. If you are paying child maintenance on a voluntary basis to the other parent then you can stop child maintenance at any time. However, stopping child maintenance early is likely to result in an application for a Child Maintenance Service assessment and you could be assessed as liable to pay more in child support than you were paying on a voluntary basis. Stopping child maintenance payable under a court order The court can only make child support orders in limited circumstances. For example: Where both parents agree to the making of a child maintenance order or To cover the additional costs of caring for a disabled child or To cover private school fees – referred to as a school fees order or To provide child support for a step-child who was treated as a child of the family during the marriage or civil partnership or To provide for additional child maintenance after the Child Maintenance Service has made a maximum award under the Child Maintenance Service assessment process. This is referred to as top up child maintenance. If you are paying child maintenance or receiving child support under a court order it is best to take legal advice before stopping the payments or threatening court action. That is because the type of child maintenance order and the wording in the order may determine when child maintenance will stop or the court options open to you. For example, a child maintenance order may say that the child support order will continue until the children finish their A levels, but if over a year has elapsed from the date the child maintenance order was made you won't be able to apply to court to enforce the order. For example, if an order is made for payment towards the costs of a disabled child the order may not be age limited if the child will continue to need specific disability related provision into adulthood. [related_posts] Varying child maintenance Although you may not be able to stop child maintenance you may be able to vary the amount you pay either by: Asking the Child Maintenance Service to vary the assessment Asking the court to vary the child maintenance order Agreeing to a change in the amount of child support that is paid on a voluntary basis. Circumstances justifying a variation could include: You losing your job or taking a pay cut Your caring overnight for the children on a more frequent basis The children going to boarding school The children no longer living in the UK and you having increased travel costs to see them. It is best to take expert legal advice on child maintenance variation to see if you have the grounds to reduce child support rather than unilaterally assuming that you have the power to reduce the amount of child support payable. Remember that child maintenance can be varied upwards as well as downwards. We are Manchester and Cheshire family solicitors For fast friendly family law and child support advice call Evolve Family Law. Our specialist family law solicitors can help you with divorce proceedings,  child custody and contact , financial settlements and child maintenance. Call us or complete our online enquiry form. Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by telephone appointment or video call.

The question “ How much child maintenance should I pay?” isn’t always a straightforward one or an easy question for a Cheshire family law solicitor to answer. That’s because most family circumstances need exploring before a definitive answer can be given so you understand how child support fits into your overall divorce financial settlement. In this article, children law solicitor, Louise Halford, answers your frequently asked questions on how much child maintenance you should pay. What is child maintenance? Child maintenance and child support are one and the same thing to divorce solicitors. So, whilst you may hear reference to child support it is the same as child maintenance, namely the financial  support paid by one parent to the other parent or primary carer of the child for the child’s upbringing and support. What child maintenance does not cover is: Payment of school fees – if a child is being privately educated and payment of school fees is in dispute you can apply to the family court for a school fees order that the other parent pay all or a proportion of the private school fees and any specified extras Payment of spousal maintenance – if the other parent requires financial support in addition to the child maintenance provided for the child’s upbringing then the parent can apply to the family court for spousal maintenance provided that they are eligible to do so. For example, you cannot apply for spousal maintenance from a former spouse if you have remarried. Child maintenance is in essence the financial arrangement between you and the other parent of your child over the money payable to financially support the child after parental separation or divorce. The amount of child maintenance payable is not dependant on the status of the parent’s relationship. In other words, whether child support is payable and the amount of child support isn’t affected by whether you are in a married or cohabiting relationship. However, under current law an unmarried partner can't claim spousal maintenance whereas a husband or wife or civil partner can do so from their separated or divorced spouse or civil partner. Is child maintenance payable if you don’t see the child? If you are a separated parent and you don’t see your child , either as a result of your decision, a child arrangement order by the family court or you don’t see your child frequently because of distances and difficulties with travel, you will still need to pay child maintenance. Your legal obligation to pay child maintenance only stops if the child is adopted. How is child maintenance calculated? Child maintenance can be calculated and paid under: A private arrangement- this is between you and the other parent Under a court order – in limited circumstances the family court has the power to make a child maintenance order Through a Child Maintenance Service assessment – the Child Maintenance Service is a government body tasked with calculating and securing payment of child maintenance. How long is child maintenance payable for? You will need to pay child maintenance until: Your child is sixteen or Your child is under twenty if they are in approved education or training or Until you agree otherwise if payments are made on a voluntary basis under a family arrangement. Arranging child maintenance with the other parent You don’t have to involve a solicitor or the Child Maintenance Service to sort out how much child maintenance you should pay if you prefer to sort it out direct with the other parent. However, divorce solicitors recommend that you take some specialist legal advice so you understand how child maintenance fits in with the overall financial settlement, such as whether spousal maintenance is payable and for how long or who gets to stay at the family home. It is also important to reality test the proposed amount of any agreed child maintenance to make sure that you will still have enough  to live on, especially when you have rehoused yourself and taken on a new mortgage or are incurring extra costs because of travelling to see the children. The best point about agreeing child maintenance with the other parent is that you can agree any figure that you want to with the child’s mother or father. You don’t have to use the strict mathematical formula adopted by the Child Maintenance Service but instead can look at what the child needs and what you can afford to pay. Arrangements can be flexible and could involve you paying less than what the Child Maintenance Service would assess you as being liable to pay because you have agreed to share the costs of private nursery fees or after school or holiday clubs or you agree to pay an older child a set monthly amount in clothing and pocket money allowance. Alternatively, you can agree that payments should be higher than the Child Maintenance Service would assess you as being liable to pay because you are able to afford a higher figure and you want your child to be able to enjoy a similar standard of living to that experienced whilst you were living together as a family. If you agree child maintenance payments direct it is best to remember that you can't bank on the child maintenance payments staying the same. If payments are made on a voluntary basis they could change, for example, they could go down if the parent paying child support realises that that the agreed figure is unaffordable because they have had to take on a big monthly mortgage commitment to buy a new property. If direct arrangements break down you can try to reach a new agreement using family solicitors or family mediation or an application could be made to the Child Maintenance Service. Using the Child Maintenance Service If you decide to use the Child Maintenance Service the government agency can calculate the amount of child maintenance you should pay or receive. The Child Maintenance Service uses a strict mathematical formula to assess the amount of child support. This formula does not consider the child’s outgoings (such as nursery fees) or the receiving parent or paying parent’s outgoings but instead focusses on the paying parent’s income. Once the Child Maintenance Service has calculated the amount of child support payable the payments can be made direct between parents or collected through the Child Maintenance Service. If you use the Child Maintenance Service to collect and transfer the child support then the Child Maintenance Service will charge a fee. That’s why it is preferrable to arrange payment direct if it is possible to do so. Who can't use the Child Maintenance Service to calculate child support? You can't make an application to the Child Maintenance Service for child support if: You have care of your child and you live outside the UK or The parent who is liable to pay child support lives outside the UK and doesn’t work for a British company or You are seeking child support for a step child. If you are married or you were previously married and the child was treated as a child of the family you may be able to apply to court for a child support court order You need child maintenance to cover school fees or the additional costs arising out of a child’s disability. You may be able to apply to court for an order to pay these costs You agreed a financial court order that includes a child support order for the child and the order is either less than twelve months in age or the financial court order was made prior to the 3 March 2003. [related_posts] How much child maintenance should I pay? The amount of child maintenance that you should pay is calculated by looking at: Your weekly gross income – this could be your salary or self-employed earnings The number of children you need to pay child maintenance for Whether there are children living with you in your new household – these could be step children or children you have had with a new partner The amount of overnight contact time you enjoy with the children you are paying child maintenance for – overnight contact time is averaged over a year rather than looked at on a weekly or monthly basis. You can calculate the amount of child maintenance you should pay or you should receive using the government online child support calculator but it is best to look at child maintenance within the context of your financial settlement so you understand how child support fits in with spousal maintenance and the split of capital or who gets to stay in the family home. It is also important to understand that child maintenance can go up or down or could end if the child moves to live with their other parent or there is a shared care arrangement. We are Manchester and Cheshire family solicitors For fast friendly family law advice call Evolve Family Law. Our specialist family law solicitors can help you with divorce proceedings,  child custody and contact , financial settlements and child maintenance. Call us or complete our online enquiry form. Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by telephone appointment or video call.