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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1199
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I understood that courts did not get involved in child maintenance

Resolved Question:

Hi I understood that courts did not get involved in child maintenance however I was reading through questions dealt by yourself and a person has wrote about a voluntary court order of child maintenance. Has the law changed can the courts get involved in child maintenance. Please advise
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question
You are quite correct - it is the Child Maintenance Service that Jurisdiction in respect of Child Maintenance.
That being said - it is possible for parents to agree a Consent Order, which a court can approve and this would be legally binding.
This tends to come about at the end of a marriage, when proceedings are being dealt with in respect of the matrimonial finances.
There is also the possibility for the court to make an order under Schedule 1 of the Children Act if the paying parents income exceeds the CMS maximum assessment. Schedule 1 children act claims can also be made in other circumstances where there is need for the child - such as provision for housing, school fees etc
Kind Regards
Caroline
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