[It is a fact of life that] Some parents will be faced with the very difficult situation of becoming a single parent family. Dealing with the emotional issues that arise from such a situation is extremely difficult, but what often causes parents the most anxiety is how they will cope financially upon separation.
Child maintenance
The parent who retains the day to day care of the child will be entitled to receive Child Maintenance on behalf of that child from the other parent, regardless of whether they were actually married.
Child maintenance can be agreed and paid on a voluntary basis and an application does not automatically have to be made to the Child Support Agency (CSA). Parents are encouraged to try and agree child maintenance directly as, if parents can learn to agree matters from the outset, this assists in helping them to co-parent as separated parents.
If an amount of child maintenance is agreed directly, it is advisable to set up a standing order or direct debit to the primary carer's bank account so there is no difficulty in receiving payments on a month-by-month basis.
Alternatively, if agreement cannot be reached or there is difficulty contacting the non-resident parent, an application can be made to the Child Support Agency so that child maintenance can be deducted directly from the non-resident parent's salary.
In very simple terms, the CSA assess the non-resident parent as having to pay 15% of their net salary for one child, 20% of their net salary for two children and 25% of their net salary for three or more children. This can be varied to take into account how often the child stays with the non-resident parent, whether or not the non-resident parent has responsibility for any other children, and whether or not the non-resident parent works.
Further possible financial claims
It is sometimes possible to make further financial claims on behalf of your child. If you are married to your ex-partner then not only will you be able to bring financial claims on behalf of your child, but you will also be able to bring claims on behalf of yourself and it is worth seeking specialist advice from a family lawyer as to the type of financial settlement you might achieve.
If you are not married then you might be able to bring a claim under Schedule 1 of the Children Act 1989. You will not be able to make any claims for yourself personally, and any claims must be for the benefit of the child. In addition, you might have a claim under the Trust of Land and Appointment of Trustees Act 1996. It is advisable to seek the specialist advice of a family lawyer on this issue.
Seeing your children
A further consideration is how often a child should see the non-resident parent, referred to legally as 'contact'. This is often the major concern for parents who are struggling to come to terms with the fact that the relationship has come to an end and who feel reluctant, or concerned, about their ex-partner seeing the child.
The Court is very pro-contact and if contact cannot be agreed and an application is made to Court then the non-resident parent will be allowed to see the child. Contact will only be prevented or restricted if there is a very good reason.
If possible it is best to try to agree a sensible contact regime with your ex-partner. This should take into account the child's age and needs, but should also be prepared to be a fluid and flexible agreement which adapts to the child's circumstances as that child grows older.
If contact cannot be agreed it is worth considering attending mediation to keep the dialogue flowing between the parties. Mediation is where an impartial third party assists couples in seeking a resolution to areas of dispute by encouraging the parties to agree. It will not be in the best interests of the child for there to be ongoing acrimony between the parties, and if a rapport can be established early on then this will ultimately be in the best interests of the child.
Despite a child's age and their apparent ability to cope with the separation of their parents, it is a fact that the majority of children suffer when their parents separate, however the separation is dealt with, hence consideration has to be given to dealing with matters as calmly as possible in order to minimise any stress and anxiety for the child.
If you feel that any of the issues raised in this article affect you and you wish to take further advice, please contact Samantha Jago of the Family Department.
Samantha Jago
Family Solicitor