Hello Butterfly Crossing
I am Sarah, the
child maintenance Options consultant
Under the Government’s rules on child maintenance, payments should be made until a child reaches 16, or until 20 if the child is still in full-time, non-advanced education. Full-time is classed as a minimum of 12 hours per week and non-advanced is classed as anything up to an including A-level standard or equivalent. As a general rule, if the main carer of the child is still eligible to receive Child Benefit for the child, maintenance should also be paid.
On the Child Maintenance Options website,
www.cmoptions.org, your friend can find lots of information as well as tools and leaflets, which are designed to help set up or renegotiate their family-based arrangement. In particular, there is a Discussion Guide which can help with any negotiations.
Although family-based arrangements are not legally enforceable, they are the quickest and easiest way to arrange maintenance and they tend to stay in place longer as it is something that both parents have agreed to.
If your friend cannot renegotiate their arrangement satisfactorily, there are other ways that maintenance can be arranged.
One way is called Direct Pay, which is set up via the Child Maintenance Service. This is where they will work out how much maintenance should be paid and then leave it up to the two parents to decide how the payments are made, such as, a standing order, e-money transfer or cash.
Direct Pay arrangements are enforceable, so if there are any missed payments, the Child Maintenance Service can be informed and they will enforce them from that point.
There is a £20 application fee when you use the Child Maintenance Service as well as an enforcement fee for the paying parent if any payments do need enforcing.
Another arrangement set up via the Child Maintenance Service is Collect and Pay, this is where they work out the amount to be paid and then collect them and pass them on.
From the 11th of August 2014, there will be fees for collecting and paying out maintenance payments. The paying parent will pay 20% on top of the weekly maintenance and the receiving parent will have 4% taken away from the weekly amount.
If your friend did decide to use the Child Maintenance Service, her ex-husband’s responsibility to pay would start from around the time that they contact him, not from when she first applies.
Another option available to set up maintenance is a
Consent Order (Minute of Agreement in Scotland which differs from a Consent Order), which is an agreement arranged through the courts via a solicitor.
Your friend also has concerns about fees for college materials, she may be able to get help with that if she receives certain benefits. She can contact the college in question for further clarification on that.
Regards
Sarah
