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An overview of when a cohabitation dispute involves child maintenance and the entirely different complexion that puts on the case. I include a summary of how the Child Maintenance Service (CMS) and the Child Benefit office overlap with the courts.

You can actually calculate the maintenance you may have to pay with a calculator:

[ Ссылка ]

Essentially the relevant statute for parties applying to the courts where you do not feel the CMS has helped you is Schedule 1 of the Children Act 1989. It allows a party to apply to the courts in various circumstances. These could include:

--Lump sum payments for the needs of the child (case law says you can even apply for a lump sum to cover your legal costs of appealing a CMS decision!);

--Orders in respect of property;

--Top-Up Orders. The courts are reluctant to interfere with CMS decisions on periodic payments for child maintenance, but where you are talking about a parent on a high gross income (currently more than £3,000 a week) then they can become involved.

The system can produce unfairness - for example the parent who is receiving child benefit is automatically assumed to be the parent with care (PWC) which gives them a great advantage as the non-resident parent (NRP) will have difficulty making an application to the CMS.

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