Best Child Support Lawyers in Hereford

About Child Support Law in Hereford, United Kingdom

Child support law in Hereford, United Kingdom, is governed by national legislation that sets out the legal obligation of non-residential parents to contribute financially to the upbringing of their children. The main principle is that every child has the right to receive financial support from both parents, regardless of the nature of their relationship. Child support aims to ensure that children can maintain a standard of living comparable to what they would have had if their parents lived together. In Hereford, as elsewhere in the UK, the Child Maintenance Service (CMS) is the official body responsible for calculating, collecting, and transferring payments when parents cannot come to a private agreement.

Why You May Need a Lawyer

There are various situations where seeking legal help regarding child support may be necessary. These include disagreements over the amount of maintenance to be paid, disputes about parentage, difficulty with collecting payments, or complications arising from changes in circumstances such as employment, residence, or shared care arrangements. If you feel the CMS calculation is incorrect or if you are unsure about your rights and obligations, a lawyer can offer guidance, represent you in negotiations or court proceedings, and ensure your interests and those of your child are protected.

Local Laws Overview

In Hereford, child support is primarily governed by statutory law applicable throughout England and Wales, notably the Child Support Act 1991 and subsequent amendments. The CMS uses a formula based on the paying parent's gross weekly income, the number of children involved, and the amount of time children spend with each parent. Special circumstances, such as shared care arrangements or additional costs like disability needs, may affect the calculation. It is important for both parents to keep the CMS or the court informed about any changes in their situation. Breaching a child support order or CMS agreement can lead to enforcement action, including wage deductions, asset seizure, or court proceedings.

Frequently Asked Questions

What is child support?

Child support is money paid by the non-residential parent to the parent or guardian caring for the child most of the time. This financial support contributes to the child's daily living expenses.

How is the amount of child support calculated?

The Child Maintenance Service calculates payments based on the paying parent's gross weekly income, the number of children, and how often the child stays overnight with each parent.

Can parents make their own child support arrangements?

Yes, parents can agree to a private arrangement, often called a family-based arrangement, without involving the CMS. However, it is advisable to record the agreement in writing.

What if the paying parent does not make payments?

If private arrangements fail, you can involve the CMS, which has powers to collect missed payments, deduct money from wages, and enforce payment through court orders if necessary.

Can child support amounts be changed?

Yes, if there is a significant change in circumstances - such as a change in income, a new child, or changes in the amount of time the child spends with each parent - you can request a reassessment.

What happens if the parent moves to another part of the UK or abroad?

Normally, the CMS can enforce payments throughout the UK. International arrangements can be more complex, but some countries have reciprocal agreements to help enforce child support.

Do stepparents have to pay child support?

The legal obligation to pay child support generally applies only to biological or adoptive parents, not to stepparents.

Can unpaid child support be backdated?

You may be able to recover unpaid child support from the date you first applied to the CMS or, in some rare cases, for a period before that if there was a previous court order.

Do I have to pay if I am unemployed?

If the paying parent is unemployed or earns less than a certain amount, a minimum flat rate or nil rate may apply. The CMS will assess individual circumstances.

Is child support affected by joint custody?

Yes, the number of nights the child spends with each parent can reduce the amount of child support owed. The CMS formula accounts for shared care arrangements.

Additional Resources

Several organisations and resources are available to help with child support issues in Hereford and the wider UK:

• Child Maintenance Service (CMS) - The government body responsible for child support calculations and enforcement.
• Herefordshire Council Family Support Services - Offers local advice and resources for families navigating separation and child support.
• Citizens Advice Herefordshire - Provides free, confidential advice on family law, including child maintenance queries.
• Resolution - A national organisation of family lawyers who can support negotiation and mediation.
• Family Court - Handles cases where agreements cannot be made and legal intervention is required.

Next Steps

If you need legal assistance regarding child support in Hereford, consider the following actions:

• Gather all relevant documentation, including income details, child arrangements, and any existing agreements.
• Contact the Child Maintenance Service to understand your calculations and options for enforcement or dispute resolution.
• If direct negotiation with the other parent is not possible, seek advice from a local family law solicitor or organisations such as Citizens Advice.
• Consider mediation or alternative dispute resolution if suitable before proceeding to court.
• If a court hearing becomes necessary, a legal professional can help prepare your case and represent you effectively.