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Posted 14 August 2013
by Tracy Lambert

Changes to child support

The Child Maintenance and Other Payments Act 2008 (Commencement No. 11 and Transitional Provisions) Order 2013

The majority of the amendments made to the new calculation rules were brought into force on 29 July 2013 for those new applications made on or after 29 July 2013 which relate to two or three qualifying children with both the same person with care and non-resident parent, where there is no existing case with the same person with care and the same non-resident parent.

The new rules provide for maintenance to be calculated as follows:

Take the non-resident parents GROSS weekly income –

Maintenance

12% where one qualifying child

16% where two qualifying children

19% where three or more qualifying children

High earners

Where the gross weekly income exceeds £800 per week (£41k per annum)

The above percentages apply to the first £800 per week then income over £800 is subject to an additional deduction as follows:

One child = 9%

Two children = 12%

Three or more children = 15%

Additional notes:

a) Where income is less than £5 Nil rate applies

b) Where net income is £100 per week or less flat rate of £5 per week applies

c) Where income between £100 and £200 a reduced rate applies

d) The amount of the maintenance calculation may be reduced where there are qualifying children living with different parents (the rate is divided by the number of qualifying children

e) The amount of the maintenance may be reduced if the children stay with the non-resident parent a certain number of nights as follows:

52 – 103 deduct 1/7

104 – 155 deduct 2/7

156 – 174 deduct 3/7

175 or more deduct half

Further advice
For more information or assistance with this or any other family law related issue
please contact our specialist Family team on 01392 207020 or email us at family@tozers.co.uk

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About the author

Tracy Lambert

Partner

Partner based in Exeter's family team