Child Support Act

In 1991 the government introduced the Child Support Bill which was designed to ensure that all parents who are liable to pay Child Support – otherwise known as Maintenance – to their partners for their children do so.

Here we look at the Child Support Act, what it is designed to do, who it is designed to help and how it is enforced.

The Child Support Act

Introduced in 1991 as we have already mentioned, the Child Support Act of 1991 was brought into being to help combat the problem of non-maintenance paying parents who were refusing to help their partners look after their children by financial means.

The law states quite clearly that ever parent – if they are divorced or separated and no longer share the marital or common law home – have a legal responsibility to ensure that their child or children are provided for financially.

As we are only too well aware the cost of living rises year on year and so too does the cost of providing, clothes, footwear, education and a decent standard of living for our children.

This is no more evident than in the cases of single parents who are struggling to make ends meet and have to turn to the government for support.

Maintenance

The Child Support Act stipulates that each parent is responsible for the arrangement and payment of maintenance for their child or children and a failure to do so constitutes a breach of the Child Support Act.

Maintenance – as it was once known but has been replaced by the term Child Support – is an agreed amount of money paid each week, each fortnight or each month and is designed to be used in order to help with expenses for the children such as clothes, footwear, educational expenses such as trips, uniforms and the like, and also to help provide a home that is fit for purpose.

Many couples upon deciding to split take these matters into consideration and if the split is amicable then maintenance is normally sorted out and agreed upon mutually. When this happens then there is no need for the Child Support Agency to become involved however they will enquire as to what arrangements are in place and if they are being honoured.

Child Support

As we have already mentioned Child Support and the Child Support Agency come into effect if the terms and conditions of paying maintenance are no longer being honoured. This may be because the individual responsible for the paying of maintenance has hit upon financial difficulties or – in rarer circumstances – the individual simply refuses because he or she feels that because they have been separated from their children they should not have to pay.

Simply put Child Support is the enforcement of maintenance payments through legal channels and the Child Support Agency is the organisation charged with the responsibility of making sure that this occurs.

What Powers do the Child Support Agency have?

The Child Support Agency – as governed by the Child Support Act of 1991- have the right to demand back payment of any maintenance that has not been paid for your child or children. With this in mind however there are those who still consider that they can shirk their responsibilities and give false information as to their financial status and even parentage.

With this in mind the Child Support Agency has the legal right to work in conjunction with other government agencies in order to detail your financial status, if you work, and also can insist upon proof of parentage being produced.

In addition the Child Support Agency can – if they feel an individual has no intention to pay maintenance – enforce an ‘Attachment of Earnings’ whereby they can contact your employer and instruct them to deduct the cost of maintenance from source i.e.: your salary.

If you would like to know more about the Child Support Act and the role of the Child Support Agency visit their website at www.csa.gov.uk.