Financial Provision for Children (Married Couples)

When the first statutory child maintenance scheme was launched, one of the fundamental objectives was to limit the court’s power to make child maintenance orders. As a result the Child Maintenance Service (CMS) has primary jurisdiction for assessing and enforcing child maintenance. Our team can advise you on the CMS’s jurisdiction to make a child maintenance calculation and the factors that will be considered. We can also advise you on the court’s limited jurisdiction to make orders for child maintenance where:

  • The CMS does not have jurisdiction.
  • The parties agree a child maintenance order by consent – which is most common in divorce cases and where orders for:
    • educational expenses;
    • costs attributable to a disability;
    • top-up orders; may be available and appropriate
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