Claims for children

It is up to the two parents to agree any arrangements for the children, including where they live, how often they see each parent and where they go to school etc. The court will not get involved in the arrangements for the children’s care unless there is a risk of harm or the parents cannot sort things out between themselves. 

Although cohabitees cannot claim maintenance for themselves when the relationship breaks down, they can claim maintenance for children. If the children spend the majority of the week with one parent, the other person will have a responsibility to pay child maintenance. This can be agreed by the parents or, in default of agreement, the starting point in most cases is a claim to the Child Maintenance Service or CMS (previously called the Child Support Agency). They will work out how much maintenance is payable, based on a standard formula, taking into account among other things the number of children, the payer’s income and the amount of overnight stays the children have with the payer. 

In addition to child maintenance through the CMS, the court can make additional financial orders for children including extra maintenance by way of a carer’s allowance where the payer earns more than £156,000 per year, lump sum orders (eg, to purchase a car or the cost of a computer for the benefit of the children) and a housing fund to enable the main carer to provide a house for the children whilst they are still minors or in full time education.

Main contacts

Contact one of our lawyers to discuss claims for children.

  • Alison Bull

    Partner

    • +(44)(0) 3443 276245
    • Contact Alison

      Contact Alison Bull

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    • Manchester
  • Caitlin Jenkins

    Partner

    • +(44)(0) 3443 276271
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    • Cambridge
  • Marc Saunderson

    Partner

    • +(44)(0) 3443 276255
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      Mills & Reeve will use the information you provide in this form in accordance with our privacy policy. We may from time to time send you general updates by email or post that we think you will find of interest. This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

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    • Birmingham
  • Nick Stone

    Partner

    • +(44)(0) 3443 276269
    • Contact Nick

      Contact Nick Stone

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      Mills & Reeve will use the information you provide in this form in accordance with our privacy policy. We may from time to time send you general updates by email or post that we think you will find of interest. This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

      Thank you

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    • Norwich
  • Nigel Shepherd

    Consultant

    • +(44)(0) 3443 276243
    • Contact Nigel

      Contact Nigel Shepherd

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      Mills & Reeve will use the information you provide in this form in accordance with our privacy policy. We may from time to time send you general updates by email or post that we think you will find of interest. This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

      Thank you

      Thank you for your enquiry. We will be in touch shortly.

    • Manchester
  • Philip Way

    Partner

    • +(44)(0) 3443 276242
    • Contact Philip

      Contact Philip Way

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      Mills & Reeve will use the information you provide in this form in accordance with our privacy policy. We may from time to time send you general updates by email or post that we think you will find of interest. This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

      Thank you

      Thank you for your enquiry. We will be in touch shortly.

    • Leeds
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