The basic principle is that parents have a duty to maintain their children even if they do not live with  them. This means that the non-resident parent must make maintenance payments which are calculated  and collected by the Child Support Agency (CSA) and then passed on to the parent with whom the  children live. Those receiving certain benefits will have no option but to apply to the CSA for an  assessment of maintenance from the non-resident parent.

The ‘old scheme’ started life as a relatively simple maintenance formula – but took account of the income of both parents. The scheme was almost universally unpopular and the Government gave into Pressure Groups and Ad Groups and Adverse Media comments and attempted to amend the formula. The formula developed to take into account a whole variety of individual circumstances including: -

	A minimum ‘target figure’ for the support of the number of children in question. This was known as ‘the maintenance requirement’ and;
	The income of both parties
	The minimum cost of support of the parents in question
	Their housing costs
	The effect of any earlier capital settlement – e.g. on a divorce
	Any disabilities
	Their responsibility for earlier children
	Shared care arrangements
	Costs of travel to work

	Travel costs to exercise contact/access
	Pre-separation debts
	Costs of supporting other children
	Capital settlements – e.g. on divorce
	None income producing assets
	Life style inconsistent with income
	Unreasonably high housing costs
	The income of a partner/ failure to contribute to housing costs
	Unreasonably high travel costs

Parent with Care (PWC) – the parent who has caring responsibility for the greatest number of nights

Non-resident Parent (NRP) – the parent who has caring responsibility for the smallest number of nights

Reduced rate: NRP’s with a net income of less than £200 per week but more than £100 per week will pay reduced rates of maintenance. This rate is £5 a week on the first £100 of net income plus a percentage of the net weekly income over £100. The percentage used is different to those mentioned above.

Flat rate: NRP’s with a net income of £100 per week or less and those on certain benefits (including contribution – based or income-based Jobseekers Allowance, Income Support, Incapacity benefit, state retirement pension) will pay a flat rate of £5 per week.

Nil rate: NRP’s with a net income of less than £5 per week or who fall into certain specific categories such as some students, prisoners or some people living in residential care or nursing homes will pay no child support.

Variations: The calculation takes into account the NRP’s children from any new relationship or living with them in their current family. The NRP’s net income will be reduced as follows:

Sometimes it is possible to take in to account exceptional circumstances, and a parent (either a PWC or a NRP) could seek a variation of a maintenance payment either upward or downward. The calculation will not take in to account

• The income of the PWC
• The income of either parent’s current partner
• Housing costs
• Travel to work costs

Reductions for shared care: the amount of child maintenance will be reduced depending on the number of nights the child stays with the NRP

• 52 to 103 nights - 1/7th reduction
• 104 to155 nights – 2/7th reductions
• 156 to174 nights – 3/7th reductions
• 175 or more nights – 1/2 reduction

Maintenance will also be reduced by an additional £7 for each child the NRP looks after for 175 nights or more a year. Maintenance will not be reduced if the child stays with the NRP for less than 52 nights a year

Our Subscribers receive:

Practical advice about how to make progress with cases.

Information about ‘how to complain’.

How to claim a ‘Special Payment’ from the CSA.

and much, much more.