Child maintenance is normally arranged as a weekly, fortnightly or monthly payment. This payment is usually based on the income of the parent without the main day-to-day care. It often lasts until a child reaches 16, or if the child continues in full time education, until they are 19 years old.
Both parents have a legal responsibility to financially support their child whether or not they have parental responsibility for them, and even if one parent does not see the child/ren.
Many parents reach an agreement between themselves about child maintenance.
The Child Maintenance and Enforcement Commission (CMEC) can provide information and assistance to parents on the appropriate level of maintenance, and provide a private maintenance agreement to complete. If an agreement cannot be reached then they are responsible for undertaking maintenance assessments, collecting maintenance and enforcing any assessments where necessary.
We can also advise you on the most appropriate level of maintenance and advise you on the benefits and disadvantages of entering into an agreement rather than asking the CMEC to undertake an assessment.
When you believe that the CMEC have made a mistake in the calculation or they have acted unfairly or with delay in dealing with your request for an assessment, we can assist you in making complaints or ultimately in challenging their actions through the courts.
For further information please contact a solicitor of this office.