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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
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

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Can child(ren) maintenance be the subject of a court order if the parents are not married?

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 1 year 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 1 year ago.
I am the grandfather of the two little girls and the female is my daughter.

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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