Financial claims in relation to children
The Child Maintenance and Enforcement Commission
The Child Maintenance and Enforcement Commission (CMEC), which was formerly the Child Support Agency (CSA), deals with enforcing basic child maintenance payments in the UK.
They have a wide jurisdiction and can enforce maintenance payments as a proportion of the parent’s earnings (up to a cap of £104,000 net earnings per year). More information is available on the CMEC website.
The CMEC rules are complex. In particular, CMEC might not accept a case if the child or either parent lives abroad, or if certain maintenance arrangements were in place dating from before 1993 or 2003.
CMEC also does not enforce maintenance payments against adults who do not have legal parenthood (for example certain lesbian non-birth mothers, and step-parents). However, in cases where CMEC cannot act, it might be possible to apply to the court.
Applications to the court
In addition to claims of child maintenance through CMEC, individuals can, in certain circumstances, apply to court for financial provision for a child.
Those who can apply to the court for a financial order in relation to a child include parents, step-parents, guardians, special guardians and anyone with a residence order. However, orders can be made only against 'parents', as was made clear by the High Court in the case of Tv B (2010), which determined that a lesbian non-birth mother was not a 'parent' for the purposes of financial responsibility.
The court can be asked to grant a capital award (for example, a lump sum to house a child), an income award (to cover day-to-day expenses, education and childcare costs and a range of other expenses) or both. Usually a capital award to house a child lasts only until the child is 18 (although it can be extended beyond this), and once the child reaches adulthood the capital reverts to the payer.
The law is complex, and court proceedings can be difficult and hard fought. If you would like more information or advice on your particular circumstances, contact us.
More information
Lesbian mothers in dispute: T v B - Family Law article, November 2010
Lesbian mums in dispute: child maintenance and what makes a parent - Bionews article by Natalie Gamble, 8 November 2010
