Family Law Hub

Child maintenance changes in force from today

  • Changes to the way child maintenance is assessed, collected and paid to recipients come into force today (10 December 2012) under the powers of the Child Maintenance and Other Payments Act 2008. It is the start of a process that seeks to replace the existing 1993 and 2003 schemes.

    Under the new rules, assessment will use gross information sourced directly from HMRC (as set out in the Child Support Maintenance Calculation Regulations 2012). Where the payer is self-employed, current income will be defined as taxable profits from trade over an accounting period, usually running for one year. Payments will be reviewed annually as, in the words of the Explanatory Memorandum to the SI:

    "Most incomes do not change greatly from year to year and it is envisaged that apart from major changes, such as the addition of another child or the loss of a job, the maintenance liability will remain largely stable."

    Where a review is called for there must be a fluctation of 25% either way.

    A raft of other changes also come into force today. For more detail you can read the explanatory notes to the commencement orders as below:

    An updated practice note on child support is currently in preparation and will be published on the Hub soon.

News, published: 10/12/2012


Published: 10/12/2012


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