Family and Divorce - Maintenance and Child Support

In divorce / civil partnership dissolution proceedings there may be times when one spouse / partner is able to claim maintenance from the other to increase their income.

Each case is decided on its own merits. Consideration needs to be given as to whether it is appropriate for there to be a maintenance order or not depending on circumstance of the individuals involved in the case.

Maintenance orders can be made upon a termed basis, eg for a specific period of time, or until either party dies, the receiving party remarries or enters into a civil partnership, or further court order. 

Maintenance can also be applied for on an Interim basis to assist the receiving party during the course of the divorce / civil partnership dissolution proceedings

Should a maintenance order be made it can be varied upward or downward in the future depending on either party's financial needs and the wording of the original order.  In some cases where there is an abundance of capital available, it may be appropriate to provide the spouse / civil partner who would normally receive maintenance with more of the capital available to effectively "buy-out" their claims for maintenance. This is known as a clean break.   In obtaining a clean break neither party can then claim maintenance against the other in the future.

Money and property for children

Parents have a legal obligation to financially support their children until the age of 19 or completion of full-time secondary education.  The parent who does not live with the children will be expected to pay maintenance for the children.  If maintenance is paid voluntarily there is no need for the involvement of the Child Support Agency.  If agreement cannot be reached a referral to the Child Support Agency can be made.  We are able to give an accurate estimate of the level of maintenance the Child Support Agency may order to be paid should a referral be made.