Child and Spousal Maintenance

The questions about child and spousal maintenance that often arise are:

    • Do I need to pay maintenance to my wife or husband?
    • If so, how much do I have to pay?
    • And how long do I have to pay it for?

The answers to each question will vary from case to case. That is why specialist family law advice is needed. Much will depend on such factors as the financial needs of each party, the income from all sources and the ability to afford to pay maintenance.

Child maintenance

In a lot of cases the parents can agree a reasonable level of child support maintenance. However, where there is a disagreement the majority of cases are dealt with by the Child Maintenance Service.

The court can only deal with child maintenance in limited circumstances, for example, the paying party’s income is very high or the child is living abroad.

The court can, however, consider and deal with the issue of the payment of school fees and associated expenses.

School fees can be paid from a parent’s income or a capital fund (if available) can be established to pay the fees as they fall due.

Spousal maintenance

Spousal maintenance on divorce is an ongoing payment between parties which is separate (and in addition to) child maintenance.

It is important to remember that maintenance can go up as well as down depending on any relevant changes of circumstances. Such changes can be due to health, loss of employment, cohabitation and so on. For this reason any party to a maintenance order should consider on an ongoing basis whether it should be varied and take specialist advice if unsure.

International maintenance

We are also experts in dealing with international maintenance cases including enforcement via REMO. We advise in respect of English law only.

Resource centre:

Cafcass

Resolution

Child Maintenance Options

Maguire Family Law are experienced in dealing with family law cases involving maintenance issues. For a no obligation, free consultation please call us on +44 (0) 1625 5446550 or email: james.maguire@family-law.co.uk

CALL US FOR MORE ADVICE ON 01625 544 650