My ex lives abroad or their income exceeds the CMS threshold

The Child Maintenance Service (CMS) is responsible for determining the majority of child maintenance cases. However, if your ex lives abroad, or their income exceeds the CMS’s maximum assessment threshold of £156,000 per year, the family court will have jurisdiction to make an order for child maintenance.

If your ex lives abroad, enforcing an order for child maintenance against them is more complex. England and Wales have reciprocal enforcement agreements (called a Reciprocal Enforcement of Maintenance Order or ‘REMO’) with over 100 countries. If your ex lives in any of these countries, the courts there will recognise and enforce an order for child maintenance made by the English and Welsh family courts. You can find a list of the REMO reciprocating countries here.

If your ex earns over £156,000 per year, then the family court can make what is called a ‘top-up order’. This requires the paying parent to pay an additional sum over the standard CMS calculation, to ensure that they are fairly contributing to their child’s needs. However, before the court can make a top-up order, a maximum assessment must first be conducted by the CMS.

Is Vardags right for you?

As a leading law firm with international expertise, we regularly act in cases where the paying parent lives overseas or their income exceeds the CMS threshold (often both).

We have worked at the forefront of family law for almost two decades, earning the reputation of being ‘the Rolls Royce and the Ferrari of the family law world’ due to our ability to handle the most complex of cases and deliver life-changing results for our clients.

Our top lawyers provide formidable representation for our clients, leaving no stone unturned to deliver the result our clients need.

Unfortunately, child maintenance is often a contentious issue, and like all matters concerning children, the stakes are high. We understand the importance of achieving a fair outcome whilst ensuring your relationship with your child is protected, and we combine our fearless advocacy with sensitivity and empathy to get the best result for you and your child.

Having the right lawyers by your side can make a crucial difference. At Vardags, we will guide you through every step of this difficult process and provide the strategic advice you need to ensure you get the best possible outcome. If you think you need our help, don’t delay. Contact Vardags today.

We are ready to help

We provide a free initial consultation to suitable clients, where our team will take their time to understand the issues of your case and help you determine the next best move. Our clients typically have an income over £300,000 per annum or savings of over £100,000.

If your former partner is refusing or unable to pay child maintenance, contact Vardags for a free initial consultation with one of our expert family law solicitors.

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