By Jones Myers Partner, Nicki Mitchell – mediator, child inclusive mediator and collaborative family lawyer

While the festive season is a magical time of year, it can also be fraught with anxieties for divorcing and separating parents wanting to make Christmas special for their children.

Concerns can understandably escalate over buying presents and paying for outings, particularly where one parent may not have their own income stream. Below are some key insights into how Child Maintenance is assessed – and who pays for it.

How do divorcing/separating couples work out Child Maintenance?

Child Maintenance is something which needs to be considered whenever separating couples have children, regardless of whether they were married or not and whatever their financial circumstances.

The Child Maintenance Service (CMS), a stand-alone government body, provides a formula for parents to calculate child support Calculate your child maintenance – GOV.UK.

Most separated couples will use the formula as a basis for agreeing the level of child support to be paid and make informal arrangements for this to be paid directly.

Divorcing couples have the option of including their agreement on child support in the order (often known as a consent order) which sets out their agreement as to how their assets, debts, pensions etc will be divided.

Which parent is responsible for paying the support?

The parent with whom the children spend less time will be responsible for paying child support to the other parent. Where the children’s time and the child care responsibilities are shared equally between the parents then no child support is usually payable.

If there is any dispute between the parents about whether this is the case then the CMS will generally assume the primary carer to be the parent who receives Child Benefit and assess child support accordingly.

For how long does Child Maintenance continue?

The paying parent is obliged to provide child maintenance until the child completes “qualifying education” which is generally full-time secondary education but can include other forms of ongoing study such as some apprenticeships. No child support is payable after the child attains the age of twenty.

What happens if parents cannot agree on the level of support?

If the parents are unable to agree then either one of them can make an application the Child Maintenance Service (CMS) for a calculation.

The CMS will calculate the support payable using a six-step process. The various stages include determining the paying parent’s yearly gross income. The relevant parent usually provides this. However, the CMS can obtain the information from HM Revenue and Customs (HMRC) if the parents do not supply this.

Factors, such as pensions and school fees, which could change the paying parent’s financial situation, are also assessed before converting the yearly gross income into a weekly figure.

Key criteria the calculator draws on includes the number of children receiving the income and the level of what is called ‘shared care.’ This is based on how much time the child/children of the paying parent spends with them and includes overnight stays.
What happens if the paying parent loses their job?

Either parent can let the CMS know of a change in circumstance. The Agency will then re-evaluate and reduce the level of support the paying parent needs to provide based on the calculator system.

What happens if the paying parent refuses to pay?

The receiving parent can contact the CMS which would then take appropriate enforcement measures such as applying for a court order to take legal action.

What happens if the paying parent dies during the support period?

CMS payments would cease on the death of the paying parent. State benefits, such as Universal Credit, may be available to the surviving parent, depending on their circumstances at the time.

Are there any other options besides the CMS for parents to agree Child Maintenance?

Agreements between parents can be negotiated with support from experienced family law experts such as Jones Myers.
Our specialist services include collaborative family law and mediation, a non-confrontational option for parents to reach a solution in a spirit of co-operation which puts their children’s best interests first.

As a qualified Mediator and Child Inclusive Mediator I regularly see at first hand the benefits of the mediation process for parents, children and the wider family.

For queries on Child Maintenance, divorce or any aspect of family law, call us 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 8th in the UK’s Best 25 family law blogs and websites to follow in 2024

Image by Monika Grafik from Pixabay

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By Collaborative Family Lawyer, Norman Taylor 

Having undergone divorce and its practical and emotional challenges, taking control of your financial future is the next critical step.     

Fear of starting all over again can leave many people in a state of paralysis. This is particularly applicable to spouses who have not had to deal with financial practicalities such as tax, standing orders and direct debits.  

In divorce, a financial agreement sets out how you and your ex will divide your finances. It can include you obtaining a share of your former spouse’s pension and/or regular maintenance payments.

As part of its holistic approach, Jones Myers advises and guides our clients through the stages of divorce. Our post divorce support includes helping them to stay on the right financial track.

When preparing for the impact of your divorce, you may already have organised your finances ready to move towards being in control. If not, here are some practical tips to assist you in taking charge of your own destiny:

1. Create a ‘to do’ list of all things financial (bills etc) and an aspirational list to set goals for enjoyable things such as treats and breaks
2. Linked with this, have two bank accounts – one for day-to-day expenses for the house, food, car and associated expenses, direct debits, standing orders and credit card payment. The second is for setting aside some savings for exceptional expenses such non-essential clothing, holidays, and house repairs.
3. Set out the absolute and exact payments needed every month for your house and family 
4. Don’t have bills estimated and only pay for what you use
5. Pay off your credit card monthly and avoid debit cards 
6. Know when your maintenance payments arrive and budget accordingly. Ensure standing orders don’t go out before your monthly payments are due in
7. Apply to your Council for a 25% council tax discount. The concession applies if you are on your own or have younger children  
8. Expand your support network if you’re on your own or have children. Now is an ideal time as the country emerges from lockdown
9. Be prepared and plan for child maintenance coming to an end
10. Take professional advice on preparing and budgeting for your own retirement
11. Make a will. If you have a pension or life assurance, ensure it includes your chosen beneficiaries and is updated. Review it every few years.
12. Stay healthy in body and spirit – try new things. You could also consider engaging a life or Divorce coach who specialises in helping people in your situation prepare for their new future 

If you meet a new partner and are thinking about moving in together, seek the advice of an experienced family law firm like Jones Myers as it could affect existing maintenance agreements.

For advice on divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

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November 30 marks the start of ‘Good Divorce Week’ which promotes reducing conflict in relationship breakdowns and the damage – sometimes long lasting – it can cause to children.    

As a niche family law firm – we champion alternative ways to achieve a ‘good’ divorce which is in the best interests of children, their parents and their wider families.      

The following formula promotes a spirit of mutual cooperation and fairness:    

Always put your children first

The current unprecedented pandemic has further exacerbated the challenges facing estranged couples and parents beset with fears of job losses, concerns over co-parenting and child arrangements, maintenance and financial issues.

We encourage parents to keep communication channels open and to devise a parenting plan which boosts trust. Avoid arguing or criticising each other in front of your children and reassure them that your separation is not their fault.    

Undergo Mediation

This spirit of cooperation extends to undergoing Mediation which can help couples resolve their differences and find solutions to move forward positively.

An impartial third party ‘the mediator’ helps them discuss issues confidentially and find workable agreements. With mediation agreements can be reached a great deal more quickly and cost effectively than by using the court process or in solicitors’ correspondence.

Ongoing communication also limits the emotional damage which follows in the wake of an acrimonious battle. Our specialist lawyers are experienced mediators and can offer online mediation. 

Discuss future financial arrangements 

The starting point for divorce is sorting out finances and disclosing assets such as your home, pensions, savings and trusts. Making decisions in the midst of life changing events isn’t easy – especially with the upheaval caused by the current pandemic. Our experts will advise and guide you through the process.  

Appoint a lawyer who is a Resolution member

Good Divorce Week is organised by Resolution – an organisation of family lawyers and fellow professionals.

Jones Myers – a long standing member whose experts include a former national chair of Resolution – follows Resolution’s code of practice and is committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner.  

Enlist emotional support

Managing the emotional fall out of divorce is crucial. Our holistic approach and long-standing partnerships with wide ranging professionals ensure our clients regionally, nationally and internationally have access to counsellors and therapists. We can also assist with access to information on issues such as tax advice.

Reducing trauma and emotional conflict in the early stages of divorce and separation can pave the way for a more healthy and positive future that will help children’s well being and happiness in the months, years and decades ahead.

During Good Divorce Week (November 30 – December 4), Jones Myers is offering 30 minutes of free legal or professional advice to those who need it.

To find out more, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Norman Taylor, collaborative family law specialist

As the coronavirus crisis takes its toll on the UK economy with reports that one million people could lose their jobs, the pandemic will have an enormous impact on family finances in the long and short term.  

The concerns of divorced and estranged parents include sustaining child maintenance payments if their income ceases along with making decisions over court proceedings. We hope the following advice is helpful at this uncertain time.  

How do I continue making maintenance payments during the crisis if my income dries up?

• Communicate with your ex-partner – try to provide them with as much verified information explaining why the payments can no longer be met with the aim of reaching an agreement
• Any such agreement should be confirmed in writing and ideally would be entered into with each party having taken legal advice
• It may be that a lower figure can be agreed in the short term on the basis that any “arrears” are paid later – but it will very much depend upon the facts of each individual case
• If the above fails and maintenance is being paid under a court order and you cannot continue to pay, you may have to make an application to the court to vary or suspend the order
• This is not a simple process but failure to do so might result in arrears building up that could be enforced at some future date
• We strongly advise against ignoring the situation. Gather your information, communicate and take legal advice.

I am in court proceedings relating to financial matters. Should I consider adjourning and/or turning to other out of court processes?

• It’s important to remember that the courts are already under great pressure which has been exacerbated by the ongoing situation
• This could be an appropriate time to arrange a process that brings your ex and both your lawyers round the “virtual” table to start a dialogue and mediation. You can read about the mediation process here  
• Courts are very supportive of parties who wish to use non-court methods to resolve issues – your family lawyer will be able to advise on the various options and their pros and cons. They include Arbitration which will enable easier access to a “private Judge” to assist on any disagreement. In addition, when normality returns there will be a considerable backlog for the courts to resolve and access to arbitration will enable a resolution to be reached much quicker. Information on the process is available here

Should court cases be adjourned until the crisis is over?

• If it is clear that the financial information that everyone has worked on will become – or already has become – obsolete. Consider adjourning any hearing until the position is clear. There is no point reaching agreement, or having a determination by a Judge, based upon inaccurate information. In Arbitration the private judge can adjourn the determination for a limited time to enable the situation to be reviewed.

What is the impact of the pandemic on all the financial information gathered to date such as business valuations, investments, incomes?

• This will be different in every case. However, it is likely that any previous business valuation will now be potentially unreliable as the company may have been detrimentally affected by the economic fallout
• As above, it is dangerous for decisions to be made based upon inaccurate information
• It is vital that the parties remain calm and sensible and set their differences aside to work together

If you are worried about how issues arising from the current crisis might impact upon your family situation, please call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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This week sees the second reading of a bill which, if passed, would enable opposite sex couples to enter a civil partnership.

Since 2004 only same-sex couples in the United Kingdom could be in a civil partnership which gives them the same rights, responsibilities and entitlements as married couples in key areas.

The milestone move to extend civil partnerships to heterosexual couples has been championed after the Supreme Court ruled that current laws are discriminatory to restrict civil partnerships to gay couples and incompatible with the European Convention on Human Rights.

The case centred on 37-year-old Rebecca Steinfeld and 41-year-old Charles Keidan who met in 2010, became engaged in 2013 and have two children. Saying the “legacy of marriage”, which they believed treated women as property for centuries, was not for them, the duo became embroiled in a long legal battle for a civil partnership which they felt would best suit their relationship and life circumstances.

Civil partnerships are widely believed to give unmarried couples and their children greater security. Couples in these partnerships and married couples have the same rights regarding their children and applying for child arrangement orders and relating to financial remedies which include maintenance and property rights.

The similarities extend to protection from domestic abuse, inheritance claims and the process which must be followed to dissolve the relationship – with a decree absolute required to terminate a marriage and what is called a final dissolution order or nullity order needed to terminate a civil partnership.

However, whereas in a marriage adultery is one of the five reasons for divorce, civil partnerships cannot be dissolved due to adultery. The second main difference between civil partnerships and marriages is that civil partners cannot regard, or allude to themselves as being ‘married’.

If it passes its second reading this week, the bill paving the way forward for heterosexual couples to enter into civil partnerships has to progress through more stages before receiving Royal Assent to becomes law.

With over 3.3 million cohabitating couples in Britain, many of whom have children, the outcome for those seeking an alternative way to cement their relationship and commitment will no doubt be eagerly awaited. However, no matter what drawbacks there may be, a civil partnership offers a good deal of security and is better than the “no man’s or no woman’s land of cohabitation when there may be no rights at all.

Contact us for an initial no cost meeting by calling our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Peter Jones, founder of Jones Myers Family Law Solicitors

A recent divorce case, which has been widely reported and involved a substantial amount of money, has prompted family lawyers to sit up and question if the so-called ‘meal ticket for life’ regarding maintenance payments is coming to an end

The divorce case involved a wife who had received over £9 million and an additional £175.000 each year in maintenance.  However this was limited to a three year period by the Court of Appeal.

Although it is understandable to think that big money financial settlement cases do not affect those on average or below average incomes, there is nevertheless a trend in the courts against setting maintenance for an indefinite period.

When looking at recent rulings, wives, as is more often the case, are now expected, to seek out and obtain work once any children are of school age. They also need to draw on their own assets to help support them.

However, the standard of living they enjoyed, the needs of the children and the earning capacity of both former spouses are still major factors in assessing the amount and length of maintenance.

It is not hard to understand that a wife who is awarded more than £9 million and over £500k across three years does not justify receiving maintenance for ever.

Ordinary cases of separation and divorce are different with ex-wives often finding it harder to regain employment and some employers reluctant to employ woman. Likewise, salaries are often modest and also have to take into account the additional costs of child care, especially in the holidays.

In my view, and dependent on age and income prospect, there is still room for life time maintenance perhaps unfairly called a ‘meal ticket for life’.

Every case and every couple are different and the background and current circumstances need careful thought. Now, as never before, is the time to take proper advice and enlist the support of experienced lawyers like Jones Myers who specialise in family law and can advise and support you through the legal process.

For more information about divorce and finances, children’s issues or any aspect of family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Liz Bell, solicitor

Following on from our earlier blog, which highlighted how a high percentage of cohabiting couples wrongly believe that they have legal protection when their relationship breaks down, we answer more of your most commonly asked questions.

My partner and I are splitting up and all our joint savings/investments are in their name. Can I access them?

No. Couples in England and Wales who live together, as opposed to marrying or being in a civil partnership, have no automatic access to, or control of, assets or property held in their other half’s name.

I’m unable to work. Can I secure maintenance if my relationship breaks down?

Not without a cohabitation agreement which includes provision for maintenance.

Is this all very unfair? 

Many people think so. While current legislation requires family courts to establish what is ‘fair’ for divorcing couples, when it comes to cohabitees, the courts must determine the couple’s shared intentions.

My partner has a large pension pot, but I don’t. What would happen if we split up before they retire?

An unmarried person cannot claim on their ex’s pension without written agreement.

What will happen regarding their pension if they die before me?

Most pension companies will not pay out to cohabiting partners upon death – particularly occupational schemes. However there are some limited circumstances where the pension arrangement, with the agreement of the partner, can make limited provision.

Furthermore, unlike married couples, cohabitees are not entitled to receive the state pension or bereavement allowance for dead partners. This makes it even more important to scrutinise carefully the terms of every private pension scheme partners contribute to – as well as agreeing the entitlement of each to a share of the other’s in writing.

What financial protection is there for our children?

This is one area where there is equal treatment under the law. The children of unmarried parents have the same rights to financial support as those of married ones. The Child Maintenance Service (CMS) is responsible for assessing and enforcing maintenance. However, where a parent’s income exceeds the CMS’s jurisdiction, the other can apply to the family court to increase payments.

Who gets to look after our children and decide their upbringing/education if we part?

Ideally, childcare can be agreed between former partners, but either party can apply to the family court to settle disputes. Decisions about where the children should reside and the contract rights of each parent are always based on the children’s best interests.

Alternatively, a couple can enter into non-confrontational collaborative law, mediation or arbitration. These are reduced conflict, cost-effective and less stressful routes to resolution that any responsible family lawyer should suggest.

Is statutory protection for cohabitees likely to be brought into line with married couples and common law partnerships?

There is increasing pressure on the government to improve rights for cohabiting couples and Jones Myers is very active in the campaign, however it is difficult to know if, and when, anything will change.

The shifting political landscape and uncertainty makes it particularly important to secure sound legal advice before, during and after the relationship

Our highly skilled family law specialists are adept at dealing with issues arising from cohabitation – whether advising you on your rights before you cohabit – or if your relationship has broken down.

For more information about any aspect of cohabitation or family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Peter Jones, founder

A senior judge’s call for parents with valuable homes to be forced to pay more child support highlights a loophole in the system which is criticised as being unfair and does not put children’s interests first.

Since 2012, child maintenance payments have been based on income only, with assets not included in calculations by the Child Maintenance Service (CMS), which decides the rate. This means that people can live off their capital, declare a low income and pay minimal child support.

While Mr Justice Mostyn has said that the law is unjust and should be changed, in my opinion a more comprehensive solution would be to return child maintenance in matrimonial and non- matrimonial cases to the jurisdiction of the family court. The courts should be accessed through one uniform procedure, regardless of the parent’s matrimonial status.

Here judges have a wide discretion and would ensure that the family assets are shared to achieve fairness – with the first consideration being the welfare of any children.

This would also free up the CMS to concentrate on its other vital responsibilities such as pursuing parents who do not pay and enforcing child upkeep.

In addition, the Matrimonial Causes Act should be re-examined with a view to making it fit for purpose for today’s modern and evolving world.

Drafted forty years ago, it has been criticised for provoking conflict and confrontation. In 2013, retiring High Court judge Paul Coleridge aptly said: “The days of the gladiatorial wars of the titans are over. The dinosaurs have had their day.”

As members of Resolution, all Jones Myers family lawyers are prominent supporters of alternative dispute resolution – striving to resolve family disputes constructively, to try to avoid costly, public and stressful litigation.

Our approach encourages clients to co-operate and reach agreement wherever possible about dividing their assets and securing the future of their children, whose interests should be at heart of everything.

For more information about children’s issues or any aspect of family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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A senior judge’s highly unusual move in explaining to a 14-year-old boy in a letter his decision why the child could not live with his father will have touched the hearts and minds of all parents.

Typically, judges produce a written ruling, In this case, Mr Justice Peter Jackson’s extraordinary action to compose a letter was made after the teenager, to whom he gave the pseudonym ‘Sam’, had given evidence and left for a school outing before the hearing had finished.

The case, in which Sam’s parents had disagreed since he was a baby, culminated in his application to move with his father to Scandinavia reaching the Family Division of the High Court.

In his letter, Mr Justice Peter Jackson explained why he did feel not feel relocation would be in Sam’s best interests. He also said he was confident his decision about Sam’s future was the right one in the long term.

This situation prompts the wider question of whether all judges should simplify court judgements to teenagers via a letter which cuts through the legal jargon and gets to the heart of the matter in language that young people can relate to.

The case also reinforces how vital it is for separating parents to ensure the best interests of their children when arranging their future security and wellbeing.

When couples split up, they continue to be parents and it is important that the process of unravelling their marriage or relationship doesn’t stop them co-operating on what is best for their offspring.

Parents who are not consumed by conflict and battles are more likely to strive towards ensuring that their children’s maintenance, emotional needs and education are properly supported.

A constructive approach through the divorce or separation will lay the best foundations for the children to feel settled with the new family relationships. As collaborative family lawyers, we advise parents to reach a settlement, wherever possible, by avoiding protracted, expensive and stressful court confrontations. This will help the whole family come to terms with their new lives and face the future.

For more information about children’s issues or any aspect of family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Peter Jones, founder

A new report has prompted fresh concerns about the systems that are supposed to ensure children receive maintenance payments they are entitled to.

Family law charity, Gingerbread has claimed that loopholes in the Child Maintenance Service (CMS) allow non-UK residents to pay only part of their liabilities.

According to the charity which is urging the government to devise a new strategy to prevent payment avoidance, parents claim the CMS regularly ignores their concerns

While Gingerbread has recommended improved coordination between CMS and HM Revenue and Customs among measures the government should take, more robust and urgent action is needed for children to receive this much needed support.

Leaving decisions about who should pay what in the hands of organisations like CMS and its predecessor, the Child Support Agency (CSA) is a recipe for disaster – as the last 24 years have highlighted.

Only three months ago the National Audit Office revealed that the CMS had built up £93m of unpaid child support since it was established, in 2012.

This news was further compounded by the fact that the CSA had failed to collect nearly £3bn following its inception in 1993.

According to the Department for Work and Pensions 1.2 million people are owed money – with little of it ever likely to be paid.

The current system claims to encourage parents to come up with their own family-based arrangement. The stark reality, however, is that this system is unsympathetic and formulaic in its assessments and ineffective in its enforcement.

I believe that it is in the interests of both children and their parents for the courts to rule on maintenance payments as part of the separation agreement. The court’s ruling then needs to be supported by an enforcement system that is economical to run and financially accessible for parents.

After all, when the wellbeing of vulnerable children is at stake, we cannot afford – either financially or emotionally – to keep getting it so badly wrong.

For more information about any aspect of children’s law or family law call the team at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce

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