Spousal and Child Maintenance

Have you recently divorced your former spouse or separated from your partner? Then you may be eligible for spousal and child maintenance.

Lund Bennett Law’s team of maintenance specialists is highly experienced in handling various maintenance arrangements, including spousal maintenance, child maintenance and school fees.

We will help you understand all complications involved in maintenance agreements. Speak to our team in confidence by calling 0161 924 0079, or send us a message via our contact form.

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FAQs

What is spousal maintenance?

Following a divorce, spousal maintenance payments may be made to the former spouse by the ex-husband or ex-wife. Your family law solicitor will advise on the duration and amount of spousal maintenance you may be likely to receive or pay. This will depend on the recipient’s financial needs and the paying spouse’s income as they will be responsible for making the payments.

What is child maintenance?

Child maintenance payments are paid by the ‘non-resident parent’. Payments are intended to be used to cover the child’s cost of living. There is a set amount determined by the Child Maintenance Services (CMS), which the non-resident parent will have to pay.

The CMS sets child maintenance rates based on the paying parent’s gross weekly income (Gov.uk). You can find out more by using the Government’s child maintenance calculator.

The court can order top-up maintenance if the paying party earns in excess of £156,000 gross per annum. The court can also make orders for a parent to pay expenses for a child with a disability.

What is the difference between spousal and child maintenance?

One of the main differences is the payment duration. The former husband or wife will pay spousal maintenance over a set period. For instance, spousal maintenance may be paid for a year, several years, or even for the rest of their lives until the former spouse’s death.

However, child maintenance will cease to be paid on 31st August on or after the child turns 16 years old and no longer in approved education. If they are still in approved education, then payments will stop after their 20th birthday.

Eligibility criteria for spousal maintenance

To be awarded spousal maintenance support by a UK court, you will need to have a lower income than your former spouse and be unable to support yourself without the financial contributions of your ex-partner. Spousal maintenance in the UK is only available to divorcing married couples or couples dissolving their civil partnership.

Eligibility criteria for child maintenance

To be eligible to receive child maintenance payments, you will need to meet the following criteria:

You are the main carer of your child/children.
The other parent no longer lives with you at the same residential address.

If you are the parent making the child maintenance payments, you will need be:

The child/children’s a) biological or b) adoptive parent.
You no longer live with your child/children at the same residential address.

You are the child’s legal parent.

How to apply for spousal and child maintenance?

If you are seeking spousal support or child maintenance, we recommend speaking with one of our maintenance experts at Lund Bennett Law. We will guide you through the court application process and ensure your interests are well-represented to achieve the best possible result. Contact our team on 0161 924 0079, or fill in our contact form.

Can I receive spousal as well as child maintenance?

Yes, you can receive both spousal and child maintenance. They are two different payments. The latter is statutory and calculated by the CMS, whilst spousal maintenance is based on your ex-partner’s income.

Can the amount for spousal maintenance change?

The spousal maintenance payment can change pending the paying partner’s circumstances. For instance, if they saw a decrease in income and could not meet the previous payment amounts, they may apply to the court to have the amount updated.

Equally, the court may reduce the payments if the recipient had a change of circumstances by which they have new income sources, i.e. new employment to support themselves financially.

Why should I contact Lund Bennett Law for help with spousal and child maintenance?

Our team of family law solicitors has decades of experience in dealing with spousal and child maintenance. Contact our team on 0161 924 0079 to see if we can help you. Alternatively, you can get in touch online via our contact form.