Pothecary Witham Weld Solicitors

The Child Support Agency deals with the financial support for a child where the child is under 16 or under 19 and in full-time secondary education.

Only non-resident parents can be required to pay child support through the Child Support Agency .

Child support is based on a percentage of the non-resident parent's net income as follows:

• One child 15 %
• Two children 20%
• Three or more children 25%

However, these figures will be modified if the non-resident parent has one or more other children living with him/her, or if the relevant child spends 52 or more nights per year with the non-resident parent.

The Courts have jurisdiction to make Orders for child maintenance in limited circumstances, for example, if one of the parents is not resident in England and Wales, for a step-child, for a child in tertiary education, or where there is a Child Support Agency calculation but the non-resident parent's net income is so high that it exceeds the CSA scale. The Court can also make Orders in respect of school fees.

If you would like our expert advice about any these issues please contact us.

When a relationship breaks down, disputes about the welfare and upbringing of children may arise. Commonly, these include disputes about where and with whom a child should live (residence) and how often they should see their non-resident parent (contact).

We can provide sound, pragmatic advice with the aim for both parents to agree the best solution for the children. The Courts work on a principle of non-intervention and may only make an Order when it is necessary for the welfare of the child. There may be a need for an Order if, for example, the parents cannot agree about contact. We can guide you through the process of obtaining an Order.

Who has parental responsibility of a child?

Parental responsibility means the rights, duties, powers, responsibilities and authority which, by law, a parent has in relation to a child and his or her property. It includes the right to make decisions about your child's life, such as medical treatment and education.

Where a couple is married at the time of a child's birth, both parents will have automatically joint parental responsibility. If a couple is unmarried at the time of birth but later marry, this will automatically give the father joint parental responsibility for any of his children of that relationship.

Unmarried parents are often unsure about who has legal parental responsibility for their children.

A mother always has parental responsibility.

Unmarried fathers can acquire parental responsibility:

For children born before the 1st December 2003 by:

• Marrying the mother of their child
• Obtaining a Parental Responsibility Order from the Court
• Registering a Parental Responsibility Agreement

For children born on or after the 1st December 2003 by:

• Being named on the child's birth certificate jointly with the mother
• Re-registering the birth
• Marrying the mother of the child
• Obtaining a Parental Responsibility Order from the Court.

Other people such as stepfathers, grandparents and carers may also acquire parental responsibility in exceptional circumstances.

A father without parental responsibility is still obliged to pay child maintenance in the event of separation.

The Court is required by statute to take certain factors into account in deciding how assets should be divided. We can advise you on how these will apply to you.

It is important that before any financial settlement is reached that there be a full and frank disclosure by both partners of their financial affairs. If it later transpires that a full and frank disclosure (by consent or by Order of the Court) has not been given, the innocent person will be entitled to re-apply to the Court. He or she can argue that the Court Order should be changed because of material non-disclosure when the financial Order was made.

Even where parties are in agreement concerning the division of assets, before we can obtain a Consent Order, a simple form of financial disclosure must be made.

The division of finances on the breakdown of a marriage or civil partnership is a hugely complex area of law. The Court has a very wide discretion and every case is treated on its own circumstances. This can make it difficult to predict an outcome.

We can advise you of your legal rights and obligations, and help you to identify factors which will apply to your case. We aim to give you practical advice, which will enable you to focus on the key issues and consider the financial and emotional impact of the possible courses of action. In most cases, we are able to achieve a satisfactory solution without the intervention of the Court. However, where necessary, we have the experience and expertise to pursue a contested application.