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Child support law in Derby, like all of the UK, is governed primarily by the Child Support Act (1991). The primary objective of this law is to ensure that children from separated families are adequately supported by both parents. The law mandates non-resident parents to make financial contributions toward their children's upbringing. This is typically calculated based on the paying parent's income, the number of children, and how much time the children spend with their non-residential parent. If agreement cannot be reached between parties, the Child Maintenance Service (CMS) often intervenes to enforce payment.
While many child support situations are straightforward, you may require a qualified lawyer's services under certain circumstances. This may be the case for instances involving complex financial situations, disputes about parental income, disagreements about the amount of child support, or issues related to enforcement of unpaid child support. Legal counsel can provide you with valuable advice, representation, and can navigate negotiations or court procedures on your behalf.
The main legal framework for child support in Derby falls under the Child Support Act (1991) and its subsequent amendments. Non-residential parents must pay a percentage of their gross weekly income towards child maintenance. This is 12% for one child, 16% for two children and 19% for three or more children. This amount can be adjusted depending on the number of nights the child spends with the paying parent. The CMS has powers to calculate, collect and enforce payments. It is important to be aware that if parents avoid payment, they could face enforcement actions including deduction orders, disqualification orders or imprisonment.
Non-residential parents are typically responsible for making child support payments. This holds true whether they were married to the other parent, listed on the child's birth certificate, or have parental responsibility.
The Child Maintenance Service (CMS) can take enforcement action to collect unpaid child support. This can include deducting money directly from earnings, from a bank or building society, taking court action, or in some extrememe cases, imprisonment.
Yes. If there is a significant change to the paying parent's income or changes in the child's living arrangements, the amount of child support may be reviewed and changed.
Child support payments are meant to contribute to a child's everyday living costs. This includes aspects like housing, food, clothing, schooling, and extracurricular activities.
Typically, child support is required until the child turns 16. However, this can be extended until 20 if the child is in approved education or training.
The UK Government website and Child Maintenance Service (CMS) provide comprehensive resources about child support laws, calculations, and how to deal with disputes. Local Citizen Advice Bureaus and law centres can provide free legal advice and support. Non-profit organizations like Gingerbread also provide information and support for single parents, including advice on child support matters.
If you need legal assistance on child support issues, first, try to solve the issue with other parent directly. If this isn’t possible, consider contacting a family lawyer that specializes in child support cases. They can provide professional advice that best suits your situation. It's also advisable to reach out to CMS or a local Citizen's advice bureau to discuss your options.
