Maintenance for Spouses and Children

Maintenance for Children:
A non-resident parent has a duty to maintain their natural and adopted children. Maintenance can be resolved in the following ways:

• Agreement between the parents - this is always the preferable way if the parents are on speaking terms.
• Via the Child Maintenance Service - the CMS is really only required if the parents cannot agree maintenance payments themselves.
• In divorce proceedings, via a Court Order - this option is quite rare unless the parents agree maintenance and want it clearly stated in a general financial order.

At Rundlewalker, we are happy to negotiate on matters regarding maintenance and will attempt to settle matters via this means. If this is not possible, we can provide advice relating to the Child Maintenance Service guidelines and how to make a claim.

Maintenance for Spouses:
It is possible to claim maintenance for spouses under the remit of divorce proceedings. However, this will probably only be granted in certain circumstances such as where one party has a considerably greater income than the other and where there are children involved.

It is also possible to claim what is called ‘nominal maintenance’ which means one party receives a "nominal" sum such as 5 pence per year from their spouse. This comes with the right to invite the Court to increase this sum in the future, should the need arise.

Any payments of spousal maintenance are separate from maintenance payments for children.

Please contact our Family Law Team by telephone on 01392 209209. If you choose to email, please provide a contact telephone number and we will call you at the earliest opportunity.

Nick Dudman: 01392 209210. nick.dudman@rundlewalker.com
Susan Jury: 01392 209212. sue.jury@rundlewalker.com