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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2740
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can child(ren) maintenance be the subject of a court order

Resolved Question:

Can child(ren) maintenance be the subject of a court order if the parents are not married?
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. It depends given the circumstances of both parents. Please confirm:

-How old are the children?

-Where the parents each reside?

-What the gross salary of the non-resident parent is?

-How many nights, on average, do the children stay overnight with the non-resident parent?

Customer: replied 11 months ago.
Children are 4.5 yrs and 18 mths.
Currently both under the same roof in Essex but relationship has broken down irretrievably.Male was excluded by the court after a domestic violence case was brought against him in April 2016. He has unceremoniously moved himself back in against female's wishes.
Male abuser-£50k approx.
Up until very recently two nights per week-usually week-ends.
Customer: replied 11 months ago.
I am the grandfather of the two little girls and the female is my daughter.
Expert:  Harris replied 11 months ago.

Thanks for confirming. As they both live in England, and his salary is £50,000 the court will not have jurisdiction to deal with the matter and jurisdiction lies with the Child Maintenance Service.

His legal liability for child maintenance on a gross taxable salary of £50,000 per year for 2 children and them staying overnight with him 1-2 nights per week (on average) is £126 per week. The more they stay with him on average the less the liability will be.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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