Family Law Guidance

In this article, private client and Will solicitor, Chris Strogen, looks at what types of assets are subject to probate. What is probate? Probate is the legal term used for sorting out the financial affairs of the deceased after someone has died. In essence, probate gives the persons dealing with the deceased’s estate the legal authority to sell assets and pay debt and distribute the estate to the beneficiaries of the Will. If you appoint a private client solicitor in your Will as your executor and trustee they will still need to apply for probate in the same way as if you appoint a family member or friend as your executor. Probate is designed to protect your estate and to make sure that the estate passes to the people named in your Will and only those authorised to do so in your Will (or a solicitor appointed on their behalf) can action the requesting of probate and then administer probate. Is probate always necessary? Probate isn’t always necessary. For example, if the estate is very small and the estate doesn’t comprise of property or land, you may not need to obtain a grant of probate. It is best to ask a specialist probate solicitor if a grant of probate will be needed and how long it will take to secure probate. [related_posts] What assets are subject to probate? When a person dies their assets are referred to as their ‘estate’. The vast majority of assets are subject to probate. However, some assets may fall outside the estate and therefore not form part of probate. For example , a life insurance policy or pension may not form part of probate, depending on the wording. If assets were jointly owned by the deceased and another person then they may not form part of the grant of probate if the property was owned by the deceased and the co-owner as ‘joint tenants’. That’s because if a property is owned as joint tenants, on the death of the first co-owner the property passes to the surviving owner. This is referred to as the ‘right of survivorship’. The property therefore does not pass by the Will and accordingly doesn’t form part of probate. The situation is different if property or land is owned by co-owners as ‘tenants in common’. When making a Will it is important to understand the different types of legal ownership of property and land so you can make the best decision for you on whether to buy as joint tenants or tenants in common and the legal implications of doing so. If you bought a property with a co-owner and want to convert your joint ownership from tenants in common to a joint tenancy or from a joint tenancy to tenants in common, then it is possible to do so. If an estate includes assets that are overseas, such as a holiday home, it is best to take specialist legal advice on whether those assets will form part of probate. What do you do if an asset is subject to probate? If an asset is relevant to probate then it will form part of the estate for the grant of probate. It is the grant of probate that gives the executors (or the probate solicitors appointed by them) the power to: Discharge any inheritance tax due. Inform banks and other relevant institutions about the death and close any accounts. Sell or transfer assets, such as listed shares, a property or land or shares in a family business. Sort out any leases, such as leases of land or farm or equipment. Pay any debts. Distribute the remaining estate in accordance with the Will. We are Manchester & Cheshire Probate Solicitors For legal help with probate or with a Will or estate planning call Chris Strogen at Evolve Family Law or complete our online enquiry form. Evolve Family Law offices are in Holmes Chapel, Cheshire and Whitefield, North Manchester but we also offer remote meetings by telephone appointment or video call.

Cheshire children law solicitors are often asked ‘how long does it take to get a child arrangements order?’ It is an understandable question as any parent is naturally anxious about starting children law court proceedings and wants to have a good idea about the likely timescales for getting a child arrangements order as well as the cost and prospects of success. In this blog children law solicitor Louise Halford looks at how long it takes to get a child arrangements order. What is a child arrangements order? Not everyone knows what a UK child arrangements order is. That’s because unlike the old child custody orders the name isn’t particularly clear but child custody and child access orders were relabelled as child residence and child contact orders and the latest renaming is the ‘child arrangements order’.   A child arrangements order can combine both custody and contact as the order can say where the child lives (there could be a primary carer or a shared carer arrangement) and with whom the child should have contact with. The contact could be regular overnight contact, mid-week contact, holiday contact or even indirect contact.   Does a court automatically make a child arrangements order if parent’s separate or divorce? UK children law says that the court should not make a child arrangements order unless the order is necessary because there is a dispute between separated parents that they can't resolve by agreement or family mediation. If parents can't agree on the appropriate and best childcare arrangements for their child after a separation or divorce either parent, whether you are an unmarried or married parent, can apply to the family court for a child arrangements order. [related_posts] How long does it take to get a child arrangements order? It is difficult to answer the question ‘how long does it take to get a child arrangements order?’ as much depends on the family circumstances. Experienced children law solicitors have been known to secure an urgent child arrangements order in a matter of hours. For example, if a parent is worried that the other parent is under the influence of drink or drugs and it is unsafe to return a young child to them but the parent won't accept that or get help or agree to the child staying with the other parent until they are capable of looking after the child again.   When the court is asked to make an urgent child arrangements order it will normally last for a short period of time until the court can assess what long term child arrangements order is in the child’s long term best interests.   In other child arrangements order applications it can take months to secure a child arrangements order. For example, if one parent says that a child won't see the other parent or that the parent has emotionally or physically abused the child the court may want to carry out detailed investigations and order reports before making a decision on contact and what child arrangements order is best for the child. That sort of extended timescale can be very frustrating for a parent, especially where false allegations have been made against them or they fear parental alienation is taking place. The court proceedings can take a long time to determine as the family judge may want to hold a series of interim court hearings (for example, a finding of fact hearing to determine if the parent’s allegations of abuse are true) or to order an independent assessment by a CAFCASS officer or a report by a child psychologist.   If you can't reach an agreement on the arrangements for your child then it is best to speak to an experienced children law solicitor on the likely timescale to get a child arrangements order as they will listen to why you need a child arrangements order and your concerns, discuss any complexities, and then be able to give you a realistic timescale for the court proceedings and the prospects of the court making interim child arrangements orders until the final hearing of the court application. Our Manchester and Cheshire Children Law Solicitors At North Manchester and Cheshire based Evolve Family Law we recognise that not being able to agree on child care arrangements and applying for a child arrangements order can be a stressful experience. For pragmatic specialist children law help from friendly and approachable children law solicitors call Evolve Family Law to discuss how we can help you with your child arrangements order application or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

Is family arbitration the best option to reach a financial agreement? If you are going through a separation or divorce during the latest COVID-19 lockdown you will undoubtedly be worried about how you will reach a financial agreement with your ex-husband, ex-wife or former partner.  You may also be concerned about rising infection rates and your safety in physically attending a financial court hearing. Alternatively, you may be worried about delays in achieving a court date because of the impact of COVID-19 on the family court system. In this blog we look at whether family arbitration is the best option to reach a financial agreement if you are splitting up in lockdown. What is family arbitration? Many couples who are in the process of splitting up have not heard about family arbitration. That's because couples tend to reach a financial agreement through solicitor negotiations, financial court proceedings or family mediation or a combination of the three options.   In family arbitration you and your partner jointly appoint a family arbitrator. The job of the arbitrator is to make a financial settlement decision. That decision will be final and binding on both of you.   A family arbitrator is therefore like a private judge of the family court as both have the authority to decide on what is a fair financial settlement and make a binding decision.   What decisions can a family arbitrator make? A family arbitrator can be asked to decide a financial settlement or a property disputes or some children issues arising from either a married or an un-married family relationship.   What are the advantages of family arbitration during the COVID-19 lockdown? The advantages of family arbitration apply generally, whether the UK is in lockdown or not. However, the global pandemic emphasises some of the real benefits of family arbitration such as: You can arrange an arbitration hearing in a place that is convenient to both of you and even online if you prefer. You may feel more comfortable in attending the venue for an arbitration meeting instead of going to a family court for a financial settlement hearing When choosing a family arbitrator, you can check their availability and timescale to hold a family arbitration hearing. If you start financial settlement court proceedings, you don’t get that luxury as you just have to accept court and judge availability and that can be impacted by COVID-19 The use of family arbitration can be more discreet and confidential than traditional court proceedings One family arbitrator will make all decisions, so you won’t experience having as series of court hearings with different family judges You and your partner can adapt the family arbitration process to suit your circumstances so, for example, you could agree that you don’t need a directions hearing or that you want the family arbitrator to have a specific type of family bundle of papers and documents to help make their decision, whereas family court rules on paperwork in financial settlement proceedings are far more prescriptive.   Is family arbitration suitable for everyone splitting up in lockdown? In some situations, family arbitration isn’t suitable. For example, if you need an injunction order to stop your husband or wife from selling off or transferring assets to try and defeat and thwart your financial settlement claims.   Alternatively, family arbitration may not be suitable if you need third party disclosure, for example, from a trust fund or a relative, and they won’t provide disclosure or cooperate in the family arbitration process.   Will a financial settlement be different if family arbitration is used rather than financial court proceedings? Whether you use financial court proceedings or family arbitration to reach a financial settlement the family court judge or family arbitrator will exercise their discretion when determining what financial court order or arbitration award to make.   When a family law judge or family arbitrator exercises their discretion, they do so using the factors set out in the Matrimonial Causes Act 1973. This means that the financial court order or family arbitration award should be within the same range or band of reasonable orders whether court proceedings or family arbitration is used by you to reach a financial resolution. [related_posts] What is the arbitration process? If you decide that you want to use family arbitration to reach a financial settlement it is important that both you and your spouse or partner understand the arbitration process.   The arbitration process is as follows: An application form is completed. The form is referred to as an ARB-1 The family arbitrator’s fees are agreed. Whilst you will need to pay a family arbitrator the family arbitration process may nonetheless be cheaper than traditional court proceedings because you may be able to conclude the arbitration process more efficiently and without the need for as many hearings There is a family arbitration directions hearing. This type of hearing looks at preliminary matters. If a husband and wife agree that this type of hearing is not necessary, then this can be avoided. Alternatively, the preliminary issues could be dealt with by solicitors and the family arbitrator by email. Family arbitration gives more flexibility than a financial court order application over the financial settlement process There is an arbitration hearing. The hearing could take place online because of concerns about rising infection rates and COVID-19 or could be facilitated at a solicitor’s office or at a neutral venue, such as the offices of the family arbitrator. In some cases, a husband and wife may agree that the family arbitrator should make their decision solely based upon reading the paperwork supplied. After either reading the documentation or listening to the husband, wife or partner the family arbitrator will make a decision, called an award. This is a binding decision The court will be asked to make a financial court order in accordance with the terms of the family arbitration award. A formal order is normally needed in a financial family arbitration to implement the family arbitration award. There is a fast track court procedure available to quickly convert an award into a court order.   If you want more information about family arbitration and how it may help you and your partner reach a financial settlement during the COVID-19 imposed lockdown then it's best to speak to specialist divorce and financial settlement solicitors about arbitration and your options. Our Manchester and Cheshire divorce solicitors The friendly team of specialist divorce solicitors at Evolve Family Law can provide legal help with your separation and divorce proceedings, as well as your financial settlement. For all your family and private client law needs call Evolve Family Law or complete our online enquiry form.   The Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by appointment by video call or telephone.

When I am leaving the office after a busy day as a Manchester family lawyer I sometimes ponder where the day went as it doesn’t seem five minutes since I was opening the office up as part of my morning routine. That’s when my thoughts turned to answering a popular internet search question ‘what do family lawyers do?’ What is family law? To understand what a family lawyer does you need to know what family law entails. Most people assume that being a Manchester family lawyer is all about drafting divorce proceedings but that certainly isn’t the case as that is only one very small aspect of working life in family law.   Family law is something that you will probably come across in your life. That’s not a negative as many aspects of family law are a positive experience for families, such as: Buying your first house and asking a family lawyer to prepare a cohabitation agreement Getting engaged to marry and signing a prenuptial agreement so both you and your fiancé have peace of mind Having your first child through adoption or surrogacy and asking the family lawyer to secure an adoption order or parental order for your family.   Even something that can be a very negative and a traumatic life experience can end up with a positive outcome with the help of a family solicitor. For example: Separating from a partner and with the help of a family solicitor either agreeing a parenting plan for your child or securing a child arrangements order so that you and your child can enjoy an ongoing relationship with one another Getting the help you need to leave an abusive relationship with a controlling or violent partner through obtaining a non-molestation or occupation injunction order thus enabling you to make a fresh start and put a bad relationship behind you Going through the heartache of your child being taken abroad by the child’s other parent and through use of child abduction and children law proceedings securing the return of your child to the UK Separating from a husband or wife and not knowing where you stand financially and how you will achieve financial independence. Through financial disclosure gaining a better understanding of the family finances and securing a financial court order so that you can move into a new family home Meeting a new partner after a separation or divorce and asking your family lawyer to prepare a cohabitation agreement or a prenuptial agreement so that you can enter your new relationship confident that you have the right paperwork in place to protect you and your family.   These are just some of the things that family lawyers do. Family lawyers do tend to get a bad press on the basis that it is thought that they encourage warring parents and divorcing couples to go to court but that isn’t the case. There are many alternatives to making an application to court, such as: Solicitor negotiations with any financial agreement being converted into a separation agreement or an agreed financial consent order (without the need for anyone to go to court) Family mediation support so that if you are able to reach an agreement in family mediation your Memorandum of Understanding is converted into an agreed financial consent order with no need to physically go to a court hearing to secure the court order Family arbitration – this can be quicker and more flexible than traditional court proceedings. [related_posts] However, there will also be some family situations where urgent court applications are necessary. For example: If you are in an abusive relationship and you need the protection of an injunction order You are worried that your child is at risk of child abduction or will be taken abroad to live without your agreement You are concerned that your husband or wife is not giving financial disclosure of the family assets or is selling or transferring assets and that if you do nothing you won't receive a fair financial settlement. In that scenario a financial court application needs to be made to protect yours and your children’s best interests.   One thing that is certainly true is that no one day is ever the same in the life of a family lawyer; Monday could involve negotiating and drafting an international prenuptial agreement whilst Tuesday might be spent in court securing an injunction, financial or children law order. As for Wednesday, who knows? ​ Our Manchester and Cheshire Family Lawyers To speak to Robin Charrot at Evolve Family Law about any aspect of family law,  from separation and divorce proceedings, reaching a financial settlement or resolving child custody and contact  call Evolve Family Law or complete our online enquiry form. Our offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but remote meetings by appointment by video call or telephone are also offered.

Child custody and contact is a tricky topic whatever the legal status of the parents of a child. For example, the parents could be unmarried and have never lived together, be a former cohabiting couple, married or divorced or in a civil partnership. In this blog we look at who has custody of a child when the parents aren’t married. Who has custody of a child? UK children law doesn’t give a parent custody of their child automatically by virtue of being a parent, whether you are an unmarried or married parent. However, if custody is in dispute, either parent can apply to court for a child arrangements order.   A child arrangements order is a bit like the old custody and contact orders as a child arrangements order sets out the person the child should live with and the contact arrangements with the other parent or other extended family members.   A child arrangements order can be very flexible and can say that there should be equal or shared parenting or, at the other extreme, the court order can say that one parent should have no contact or only indirect or supervised contact with the child.   When making a child arrangements order the court will make an order that the family law judge thinks is in your child’s best interests. The judge will consider arrange of factors when making his or her decision. These factors are known as ‘the welfare checklist’. The checklist includes looking at your child’s wishes and feelings in light of your child’s age and understanding as well as assessing how capable each parent is of meeting your child’s physical and emotional needs.   When considering the welfare checklist and what specific child arrangements order to make the court won't consider the legal status of the parent’s relationship as a very relevant factor in the decision making process. That is because the test for what child arrangements order to make, and who should get custody, is based on what is in your child’s best interests rather than the status of the parent’s relationship.   In today’s age, family judges are of the view that whether you are a married mother or father or unmarried the issue for the court to determine is what custody and contact order best meets a child’s needs. A mother and father may have been in an unmarried relationship for many years and whilst you may think that in that scenario the mother will have more ‘’rights’’ over their child a judge will make a child arrangements order, setting out the custody and contact, that he or she thinks will meet the needs of the child. For example, if the father is a loving father who has always enjoyed a close relationship with the child a shared care order may be appropriate. On the other hand, if one parent has either been physically or emotionally abusive towards the child then this would be a reason to give custody of the child to the other parent and to stop or limit the contact to the other parent. [related_posts] When it comes to children law the court looks at things from the perspective of what is best for the child and in the child’s interests. That consideration does not pay a lot of heed to whether you are married or unmarried or in a civil partnership but instead focusses on your child and their characteristics and needs. Accordingly, in the court’s eyes, it is far more important that a parent wants and is able to commit to a long term relationship with their child after a parental separation than the legal status of the parental relationship.   If you are a parent engaged in a custody or contact dispute then children law solicitors will recommend that you don’t focus on the status of your relationship with the other parent and instead focus on your child’s needs and best interests. That way the court is far more likely to be persuaded to make the type of child arrangements order that you are seeking. How can Evolve Family Law help? At Evolve Family Law we recognise that every family is different and we therefore welcome calls to discuss how we can help your family, whether it is an application for a parental responsibility order or a child arrangements order or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

A power of attorney authorises nominated members of your family or trusted friends to act on your behalf if you are not capable of making your own decisions because you lack capacity to do so. Many people don’t think that they need a power of attorney but accidents or sudden ill-health can happen to us all so it is sensible to put a power of attorney in place so it is there if you need it. What Is a Health and Welfare Power of Attorney? There are two types of power of attorney and you can chose to have both or just one type, depending on your preferences. The health and welfare power of attorney gives authority to your nominated family or trusted friends (who are referred to as attorneys) to make decisions about your care needs and medical treatment.    Your attorneys are only able to act on the power of attorney if you are not able to express a view on your medical treatment or care needs because you lack capacity. Lacking capacity is something that is assessed by doctors and could occur, for example, if you are in a coma after an accident or have had a severe stroke or are on a ventilator.   What is a property and financial affairs power of attorney?  A property and financial affairs power of attorney authorises your nominated family, friends or professional advisors (who you appointed as your attorneys in the power of attorney document) to manage your property and financial affairs. For example, if you lack capacity to manage your own financial affairs it could be very helpful to have a trusted person ensure that all your household bills or care home fees are paid from your bank account or to arrange the sale of your family home if you need to downsize to a sheltered apartment or are moving to live with a family member.   A property and financial affairs power of attorney can either be set up so that it can only be used if you lose capacity or at any time, depending on your preferences. For example, if you have capacity to make your own decisions but spend a lot of time overseas it can be helpful to have an active property and financial power of attorney so your attorneys can sign paperwork on your behalf.   Who should you appoint as an attorney in a power of attorney? Your choice of attorney may depend on the type of power of attorney you are executing. If the power of attorney is a health and welfare power of attorney you may want to choose close family members or friends who know you well and would know what medical choices you would be likely to make if you had the capacity to make your own health and welfare decisions.   If you are planning to execute both powers of attorney then you can choose different attorneys for each document as you may think that different friends or family members would be better suited to manage your property and financial affairs.    If you decide, at a later date, that you want to change an attorney then you can do so provided that you have the capacity to change the document. That’s why it is important to review your powers of attorney when you are reviewing your Will or your insurance provision to make sure changes don’t need to be made.   How long does a power of attorney last for? A power of attorney is indefinite in length and will last until you cancel it. You can cancel a power of attorney at any stage provided that you have legal capacity to do so. That means that if you execute a power of attorney whilst in your twenties nominating your husband, wife or siblings to be your attorneys then the power of attorney document may never need changing. Obviously if you separate or divorce or one of your attorneys loses capacity or passes away then you can change the power of attorney at that stage. [related_posts] When is a power of attorney used? A power of attorney has to be registered with the Office of the Public Guardian but a health power of attorney won't be used unless you lack the capacity to make your own decisions. Any loss of capacity to make your own decisions could be temporary or permanent, depending on the nature of your condition. A property and financial affairs power of attorney could be set up so it is only used if you lose capacity or so that the power of attorney can be used by your attorneys, depending on your preferences.   Is a power of attorney necessary?  If you lack capacity then a power of attorney makes it a lot easier for your friends and family to help and support you. Sadly, loss of capacity can happen quickly (because of an accident) or slowly (without our realising that we are losing our capacity) and that’s why it is sensible to sign a power of attorney so that you have the power of attorney in place when or if you need it.   If you wait and lose capacity then you can't sign a power of attorney at that stage. In addition your relatives can't sign a power of attorney for you. If you become incapacitated without a power of attorney then your family or friends can make an application to the Court of Protection for a deputy to be appointed to look after your affairs.    The drawback of not executing a power of attorney is that a court application for the appointment of a deputy costs more in legal fees than signing a power of attorney. In addition if you lose capacity your attorneys can immediately help you through the authority given to them in the power of attorney document. If family or friends have to make an application to court for a deputy to be appointed there is likely to be a delay between the Court of Protection application and the appointment of the deputy.    How much does a power of attorney cost?    At Evolve Family Law we believe it is important to be upfront and transparent about legal fees so we publish a price guide on our website under "Our Prices". That way you have the confidence of knowing the price of a power of attorney document before calling our friendly power of attorney solicitors.   Although Evolve Family Law charge a fixed fee for your power of attorney you will get bespoke legal advice from a specialist private client and power of attorney solicitor that looks at your personal situation for a fee that is simple and understandable.  We are Manchester and Cheshire Private Client and Power of Attorney Solicitors For specialist private client advice on your power of attorney or making or changing your Will or estate planning call Chris Strogen at Evolve Family Law or complete our online enquiry form. Evolve Family Law has offices in Holmes Chapel, Cheshire and Whitefield, Manchester but we also offer remote meetings by appointment by video call or telephone.

Evolve Family Law is delighted to announce that it is expanding its Holmes Chapel, Cheshire office and Whitefield, North Manchester offices with the recruitment of experienced family and private client paralegal, Amber Morgan, in Holmes Chapel and specialist family law solicitor, Bethany Davies, in Whitefield. The continued growth in both offices is down to the rise in family law and private client enquiries in both Cheshire and Whitefield. At Evolve Family Law our ambition is to be seen as the ‘go to’ specialist family and private client law firm and with this continued growth we are proud to be establishing our reputation as one of Cheshire and North Manchester’s best and most trusted law firms.. Family and private client solicitors Evolve Family Law specialises in divorce proceedings, reaching financial settlements after a separation, resolving child custody and contact as well as private client matters. For help with your family and private client law needs call Evolve Family Law or complete our online enquiry form.   We are open and following the current government guidelines regarding appointments. When government guidance states that we can open our Covid-secure offices in Holmes Chapel and Whitefield these will be available for pre-booked appointments for those who wish to visit us. We will also offer remote appointments via phone and video call for those who prefer this option. When government guidance recommends work from home we will be doing so and will continue to offer remote appointments to our current and prospective clients. About solicitor Bethany Davies Bethany Davies combines an impressive legal pedigree with local connections to North Manchester. Partner, Robin Charrot, believes that is a winning combination for Bethany’s success at Evolve’s Whitefield office.   Bethany qualified as a solicitor in 2018 and since qualification she has specialised in family law with a renowned national law firm, working from its Manchester city centre offices. Her experience means she’s confident in resolving emotionally charged children law disputes and applying herself to the legal intricacies involved in complex financial court proceedings.   Bethany Davies has a particular interest in financial claims after a separation or divorce. Her experience includes: Representing high profile individuals in TOLATA and schedule 1 financial claims involving unmarried families with children and complicated litigation Divorce and financial proceedings involving pre-marriage acquired assets and inherited wealth Complex financial court proceedings centring upon divorce and business assets and company valuations Preparation of separation, prenuptial and postnuptial agreements Children law and child arrangements order applications including cases where parental alienation was alleged requiring detailed investigation and assessment by the court.   About paralegal Amber Morgan Amber Morgan combines substantial legal experience with local connections to Holmes Chapel, Cheshire.  Partner, Louise Halford, says that Evolve Family Law are fortunate to welcome Amber to its Holmes Chapel office with Amber’s seven years’ experience of working in the legal sector and her wealth of practical and legal experience.   Amber Morgan’s experience in family and private client includes: Divorce proceedings Organising financial consent orders as part of divorce proceedings Securing court orders for unmarried families Representation in injunction and children law applications Will instructions and preparation Lasting Powers of Attorney Assisting with probate and the administration of estates including the issue of the grant of probate, inheritance tax forms, estate accounts and distribution of monies to beneficiaries.   Robin Charrot says: ‘I am delighted to welcome Bethany Davies and Amber Morgan to the team at Evolve Family Law. They are both great additions to our Whitefield, North Manchester and Holmes Chapel, Cheshire offices with their local connections, legal expertise and ‘can do attitude’ with an empathetic approach to their work. These are important attributes at Evolve Family Law as our ethos is all about offering our clients an excellent legal service at transparent cost pricing during what can be a difficult period in clients’ lives. The addition of Bethany and Amber means that Evolve can continue its ambitious plans for 2021 and offer expert and approachable family and private client legal advice from our North West offices’. ​ How can Evolve Family Law help? For help with your family and private client law needs call Evolve Family Law or complete our online enquiry form. We are open and following the current government guidelines regarding appointments. When government guidance states that we can open our Covid-secure offices in Holmes Chapel and Whitefield these will be available for pre-booked appointments for those who wish to visit us. We will also offer remote appointments via phone and video call for those who prefer this option. When government guidance recommends work from home we will be doing so and will continue to offer remote appointments to our current and prospective clients. [related_posts]

Although child maintenance sounds obvious it isn’t as many parents question what child maintenance is for. In this blog we look at the topic of child maintenance and discuss what child support is for.   What is Child Maintenance? Some parents take a very narrow view of what child support is (pocket money and birthday presents) whereas other parents think that child maintenance should cover all the household outgoings (the mortgage, heating costs, the food bill for everyone in the house as well as holidays). Child maintenance solicitors say that there is official guidance on what child maintenance is for. The government says that child maintenance is ‘financial support towards your child’s everyday living costs when you’ve separated from the other parent’.   The government definition of child maintenance doesn’t really drill down into what child maintenance covers but child support solicitors question how relevant that is when the bottom line is that child maintenance is calculated by the Child Maintenance Service based on the paying parent’s income rather than the child’s everyday living costs. The Child Maintenance Service formula means the paying parent has to pay a percentage of their income in child maintenance, whether or not the child maintenance figure is less or more than the child’s everyday living costs.   There are some exceptions and cases where a child’s everyday living costs are more relevant when calculating how much should be paid in child maintenance. These include: Both parents want to agree a figure for child maintenance based on the child’s needs rather than using the Child Maintenance Service mathematical formula The parent paying child support has received a maximum child maintenance assessment from the Child Maintenance Service and the parent receiving the child support has applied to court for top-up child maintenance. Top up child maintenance is based on a child’s needs. The court will look at the standard of living enjoyed by the family before the relationship breakdown when assessing the figure for top up child support (for example, swimming lessons, tennis coaching , piano tuition and other child related expenditure) The child suffers from a disability and has specific additional costs associated with their disability. The parent receiving the child maintenance can apply to court for an order to help cover the additional costs (for example, equipment or treatment not available on the National Health Service) The child is being privately educated or a parent wants the child to go into private education and makes an application to court for a school fees order to cover the cost of private school fees and extras (for example, extra tuition or school ski trips) The very limited circumstances in which the family court retains jurisdiction to make a child maintenance order. Although, in these situations the court will look at the amount of child maintenance that would have been payable had the Child Maintenance Service had jurisdiction to make a child maintenance assessment.   Can a parent say what their child maintenance should pay for? When one parent is paying child maintenance to the other parent it isn’t uncommon for the parent paying child maintenance to be highly critical of the other parent’s expenditure and use of the child support. For example, they may criticise the quality of the child’s clothing or dietary choices. In other scenarios, parents have been known to expect the parent receiving the child support to provide everything for the child during contact visits because the other parent is receiving child maintenance.   Child support solicitors recommend that parents try to resolve child maintenance by agreement with the help of their family solicitors before making an application to the Child Maintenance Service for a child maintenance assessment. Negotiations mean parents can each take into account the other’s circumstances when reaching an agreement on the level of payment of child support.   What is not covered by child maintenance? It is just as important to understand what isn’t covered by child maintenance as it is to understand what child maintenance is for.   Child maintenance from the Child Maintenance Service doesn’t cover: Child maintenance for step-children. An application to court can be made for child support for step-children School fees for the costs of private education. An application to court can be made for a school fees order. The court can order that a parent pays all the school fees or a proportion of them. [related_posts] How does spousal maintenance fit in with child maintenance? Many people question what child maintenance is for because they have been ordered to pay child maintenance by the Child Maintenance Service and ordered to pay spousal maintenance by the court.   When the Child Maintenance Service assess how much should be paid in child maintenance they use a strict mathematical formula that doesn’t take into account an ex-spouse’s spousal maintenance or other sources of income. However, when the court is assessing how much spousal maintenance should be paid the judge will take into account: The ability of the paying spouse to pay spousal maintenance taking into account their child maintenance liability as assessed by the Child Maintenance Service The reasonable future income and outgoings of each spouse The earnings capacity of each spouse and whether that will change, for example, through vocational training or because of ill health Whether there is a shortfall in one spouse’s income taking into account their reasonable income and outgoings, the payment of child maintenance and earnings capacity and, if so, taking into account factors such as the length of the marriage or capital distribution, decide if spousal maintenance should be paid and, if so, for how long.   Negotiating child support and spousal maintenance can be complicated so it is best to take legal advice on your options and the range of likely orders that a court would make if either you or your ex-spouse were to either apply to court for spousal maintenance or for an order to reduce or increase the amount of spousal maintenance payable. An application can be made to vary spousal maintenance because of a change in the payer or payee’s financial or other circumstances. Manchester and Cheshire Child Maintenance Solicitors If you need advice on calculating or paying or receiving child maintenance or need help with negotiating a financial settlement or sorting out child custody after your separation or divorce then the child maintenance solicitors at Evolve Family Law can help you. Call us or complete our online enquiry form. Our offices in Holmes Chapel, Cheshire and Whitefield, Manchester are open for face to face meetings, however an appointment is required. We also offer remote meetings by appointment by video call or telephone for those who prefer not to travel.