Introduction to child financial provision upon marriage breakdown
In the event of married parties separating and leaving the majority of the responsibility of childcare with one parent, the other parent is required to make regular financial provision towards the maintenances of the children. As part of the financial arrangements upon divorce the court’s first consideration will be to the welfare and needs of any children of the family. The parent with whom the children do not ordinarily live is required to pay on-going child maintenance to the other parent. There will generally be provision in the final financial order for such maintenance. Less usually, the parent with care makes an application for an assessment to the Child Support Agency (CSA) soon to be replaced by the Child Maintenance Service (CMS). For more details please see our guide to child financial provision upon marriage breakdown.
How Vardags can help with child financial provision upon marriage breakdown
We are often approached by clients who find themselves in financial difficulty after their separation, in particular following the withdrawal of financial support from their wealthier partner. Whilst there is a minimum level of financial provision that must be made by a non-resident parent for the benefit of children under CSA regulations, this is the most basic level of provision. Typically, our services are required to argue the extent to which the less wealthy party should receive child maintenance over and above the minimum level required in view of the other’s wealth, and in some of the nuances to the most basic scenario such as provision of funding for private school fees, extended educational provision through tertiary education and provision for adult children with special needs. Generally, where the parties are married and there are proceedings to determine the finances, the child maintenance will be dealt with by the court as part of those proceedings. We have a great deal of experience in this area and in getting the very best deal for our clients.
We obtained the highest ever level of interim child maintenance for a client in a recent case, at a level of many hundreds of thousands of pounds per year. We are also experienced in defending unreasonable and unjustified claims against our clients in order to reach a sensible, rather than opportunistic, level of financial provision for children. Therefore, whether you require our expert advice and/or representation as to what will constitute a reasonable and realistic level of financial support or wish to make a claim for such support, we are ready to act at the shortest of notice and on an emergency basis where the most time critical of issues arise or more usually within the negotiations and court process of divorce, civil partnership dissolution or cohabitation breakdown.
The first step is to arrange a meeting with one of our solicitors. Therefore, please call us on 020 7404 9390 or email us to make an appointment to come and see us.