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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Jones Myers Partner, Nicki Mitchell, is celebrating a career in family law spanning thirty years.

A skilled family lawyer, mediator and child inclusive mediator, Nicki was York’s first collaborative family lawyer in 2006.

She is a highly respected pioneer of Alternative Dispute Resolution (ADR) – non confrontational and constructive options for divorcing and separating couples which avoid going to court.

Nicki’s extensive expertise includes the financial aspects of divorce and separation, particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

Jones Myers’ reputation in York as a leader in family law continues to go from strength to strength after Nicki headed the firm’s expansion to the city in 2019. Three years later the team marked further growth to bigger premises at Bootham Row in line with client demand.

The Legal 500 2025 Guide endorses Nicki as a Recommended UK Lawyer, who has “established a strong niche family law presence in York with an enviable reputation for specialist and tailored family law services”.

Nicki also retains her listing in the Family and Matrimonial category of the latest Chambers 2025 legal guide and is also ranked for her ADR expertise.

Highlighting her strong reputation in York, the guide says “Nicki has her clients’ best interests at heart,” is “very sensible and very good in her approach” and is “pragmatic, sensible and comes to a positive solution.”

Said Nicki: “My passion for, and commitment to, family law and seeking the best solutions for our clients is as strong now as when I started out thirty years ago. It has been tremendous to witness formative changes including no-fault divorce and the increase in options such as mediation and collaboration which avoid lengthy and expensive court litigation and put children’s best interests first.

“Jones Myers’ reputation for excellence is recognised across the UK and overseas and I’m proud to play a key role in the firm’s continued growth and development.”

Richard Peaker, Jones Myers Managing Partner, said: “We congratulate Nicki on her significant milestone and her exceptional track record. Nicki’s commitment and extensive expertise is instrumental to our standing in York and we wish her continued success.”

With headquarters in Leeds and offices in York and Harrogate, Jones Myers is a multi-award winning family law practice which has consistently achieved top tier rankings in legal guides for almost three decades.

Additional highlights include the firm winning the Client Care category of The Modern Law Private Client Awards 2024 for its outstanding service to clients.

For queries on divorce or 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 among the UK’s Best 25 family law blogs and websites to follow in 2024

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By Nicki Mitchell, Jones Myers Family Law Mediator and Child Inclusive Mediator

Divorce and separation can be hard on children and can have long-term effects on their mental and physical well-being.

This is why at Jones Myers we seek non-confrontational solutions to relationship breakdown which put children’s interests first. As a Child-Inclusive Mediator, I would like to share the positive aspects of child inclusive mediation for parents and their children.

What is child inclusive mediation?

Child-inclusive mediation enables separating couples to avoid a lengthy, stressful and expensive  Court divorce.  

As a process, it gives children a voice and helps parents put their children’s wellbeing at the heart of their break up by talking about their needs and keeping them at the forefront of their minds when working out the practicalities of separation.

How does it work?

A child-inclusive mediator will firstly see both separating parents whose permission is required for the mediator to meet with their children on their own.

Once parents have consented, the mediator will make initial contact with the children to explain what the conversation would involve – and ask them if they would like to go ahead with it.

During one or more meetings with the mediator, the children can express their feelings about their parents’ break up. They are not asked to make choices or decisions about their personal situations and, although they can ask the mediator to relay what they have said to their parents, they are under no obligation to do so.

It is really important that everybody involved enters into child-inclusive mediation with the right intention – and are prepared for what might come out of it.

How old are the children involved?

The process usually involves children aged ten or over. Younger children can be involved with their older siblings however it is understandably not appropriate for tiny children. 

What are the benefits?

Child-inclusive mediation promotes a spirit of co-operation for separating parents to work out arrangements which put their children’s wellbeing at the heart of the break up.      

My experience reflects extensive research findings which re-inforce how children benefit from talking with, and expressing their feelings to, an impartial mediator – even if they do not want anything they said passed back to their parents.

Studies also confirm how children who have had their voices heard in this way tend to have better mental health outcomes as young adults compared to their peers who have experienced parental separation but have not gone through this process. 

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

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

Image by 2147792 from Pixabay

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Harriet Holmes, a family lawyer with award-winning family law specialist Jones Myers, has co-launched a group called the York Young Professionals with a highly successful inaugural event.

The aim of the group is to bring together all sectors of young professionals and host diverse regular events throughout the year.

The first gathering – a gin tour and tasting at the Hooting Owl Distillery in York – was attended by 45 professionals from wide-ranging professions including lawyers, accountants, financial advisors and  estate agents.  

Said Harriet (pictured front row, centre) : We’re delighted with the positive feedback from our inaugural event which included a tour of the distillery and learning how gin and vodka is made. Attendees enjoyed networking with like-minded people and we’re looking forward to welcoming new members. A big ‘thank you’ to everyone for their support.”

Harriet is based at Jones Myers York city centre offices at The Quadrant, Bootham Row. Specialising in areas of relationship breakdown including financial settlements and advising parents on disputes around child arrangements post separation, Harriet is valued by her clients for her warmth and ability to understand what they need.

Said Jones Myers partner Nicki Mitchell a collaborative family lawyer, family law mediator and a child inclusive mediator who heads the York team: “York boasts a vibrant professional sector and well done to Harriet and fellow co-founders on launching and organising the group. We wish them every success as it goes from strength to strength.”   

Young professionals seeking more information about joining the group can email yorkyoungprofessionals@outlook.com (Instagram @yrkyoungprofessionals or Linkedin: https://www.linkedin.com/company/yrk-young-professionals/)

With headquarters in Leeds and additional offices in York and Harrogate, Jones Myers has achieved top rankings in legal guide rankings for almost three decades. The firm is also a finalist in the Outstanding Client Care category of The Modern Law Private Client Awards which champion and celebrate firms working in the private client industry.

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

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

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Our new client focused website – which is dedicated to delivering client excellence in family law – is receiving positive feedback for its wealth of insights and support.

The site’s design reflects our ethos of treating every client as unique and adopting a problem-solving approach to secure the best settlement for their individual situation.

Our family law experts deliver bespoke solutions which get to the heart of issues, advising, guiding and supporting clients from initial contact to resolution – and beyond.   

We understand only too well that worries about finances such as dividing property and assets and providing for children are among the top concerns for separating and divorced couples.

Our extensive experience enables us to handle everything from straightforward separations with minimal assets to divorce settlements involving the most complex circumstances and high value assets.

A champion of dealing with relationship breakdown in a non-confrontational way, we always seek to put children’s best interests first through alternatives which avoid a lengthy, stressful and expensive court process.   

These options include mediation, child inclusive mediation and collaborative family law to ensure that family disputes are constructively resolved, wherever possible.   

When going to court (known as litigating) is our client’s only option, we are adept at litigating in all court arenas, both regionally and nationally.

Our internationally renowned Children’s Department delivers every aspect of private and public children law including contact, child protection and abduction – always handling delicate situations with care and understanding.

We invite you to read what our clients say about us via Solicitors Review which re-enforces our commitment to consistently going ‘above and beyond’.  

The independent platform, based on client reviews, awards us a 4.9 ranking, and rates us as ‘Excellent’ in 65 out of 66 client recommendations. Our ratings also exceed our peers nationally with 98% of our clients recommending us and 98% satisfied with the outcome of their individual case.

We’re here to guide and support you through the process to achieve the best possible outcome for your medium and long-term future.      

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

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

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By Nicki Mitchell, Jones Myers Family Law Mediator and Child-Inclusive Mediator  

Divorce and separation can be devastating for children who are understandably anxious about what lies ahead for them when their parents’ split up.  

Their concerns include where they will live and go to school and if they will continue to see both parents, grandparents, wider family members, friends and family pets.

At Jones Myers we always put children at the heart of relationship breakdown. Family Mediation Week, which takes place across January 22-26, puts the spotlight on mediation as a non-confrontational option for parents to achieve this and avoid the expense, stress and delays of litigating in court.

Mediation can help separating couples find a way forward in a constructive and positive manner. The process can also include Child-Inclusive Mediation which ensures the Voice of the Child is heard.

How does Child-Inclusive Mediation work?

A Child-Inclusive Mediator like me will firstly see both separating parents whose permission is required for the mediator to meet with their children on their own.

Once parents have consented, the mediator contacts the children to explain what the conversation would involve and asks them if they would like to go ahead. If they agree, the mediator meets with the children who can express their true feelings about their parents break up.

The children are not asked to make choices or decisions about their personal situations and, although they can ask the mediator to relay what they have said to their parents, they are under no obligation to do so.

How old are the children involved?

Although there are no hard and fast rules about the age, Child-Inclusive Mediation usually involves children aged 10 or above, and younger children can take part with their older siblings. The process is understandably not appropriate for tiny children.  

What are the benefits?

Divorce can have long-term effects on children’s mental and physical well-being. Child-Inclusive Mediation promotes a spirit of cooperation and communication for separating parents to put their children’s emotional and financial needs first.        

Our experience of its advantages align with the findings of extensive research which highlight that the opportunity for children to talk to an impartial mediator about how they feel is beneficial for them – even if they do not want anything they say passed back to their parents.

Studies have also shown that children who have had their voices heard in this way tend to have better mental health outcomes as young adults compared to their peers who have experienced parental separation but have not undergone this process.  

Working with parents who are wholly committed to finding solutions which make their children’s best interests a priority, Jones Myers can prepare, advise and guide you through Child-Inclusive Mediation, helping you to reach outcomes which will stand you in good stead for the weeks, months and years to come.             

For advice on mediation, Child-Inclusive Mediation divorce or family law related issues, contact us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

For more information on Family Mediation Week organised by the Family Mediation Council,  visit this link 

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

Image courtesy of Pexels, Pixabay 

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By Nicki Mitchell, Jones Myers Family Law Mediator and Child Inclusive Mediator

In the podcast below, Jones Myers Partner, Nicki Mitchell, shares her extensive expertise on Child Inclusive Mediation with Soila Sindiyo, Founder of The Divorce Magazine as part of the magazine’s ‘Expert Interviews’ series.  

Explaining the pivotal role of Child Inclusive Mediation in a collaborative divorce process, Nicki explains why involving children in the mediation process can have real benefits for parents and their children and highlights alternative routes for separating couples which avoid the delays, costs and stress of going to Court.

You can listen to the podcast here [https://www.youtube.com/watch?v=AxsAMqn_CgA] 

Nicki is also an expert panellist on The Divorce Magazine’s ‘Navigating Divorce’ virtual event on January 10 2024 from 19:00 – 20:30pm.

Nicki will be sharing insights and answering questions on finding the right divorce lawyer, family mediation, collaborative family law and DIY divorce.

You can sign up for the event on www.thedivorcemagazine.co.uk 

For queries on mediation, child inclusive mediation or any aspect of children or family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers’ blog is ranked ninth in the UK’s Best 25 family law blogs and websites to follow in 2023      

Podcast Transcript

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By Nicki Mitchell, Jones Myers Family Law Mediator, Child Inclusive Mediator and Collaborative Family Lawyer 

With the family justice system at a crucial turning point, Jones Myers is backing a national campaign to create a fairer family justice system for all.

Organised by family justice group Resolution, Awareness Week 2023, which spans November 27- December 1, highlights the different ways families can resolve their disputes away from Court – where it is safe and appropriate to do so.

We wholeheartedly support Resolution’s vision for the way forward which has been launched at a special parliamentary event and coincides with the group’s 40^th anniversary.  

A long-standing member of Resolution, our niche family law firm  leads the way in seeking non-confrontational solutions, wherever possible – always putting children’s best interests at the heart of a relationship breakdown.

We promote alternatives to a drawn out and stressful Court divorce which include the following:

Mediation – where separating couples discuss the issues most important to them with a qualified mediator like me, working constructively towards agreed arrangements for the family’s long-term interests.

With the right mediator, financially complex issues can also be resolved. Specialist advisers, including financial advisers and pensions experts, can attend meetings to provide neutral advice. Solicitors can also be present if either or both of the couple feels they need that support. Mediation enables couples to gain a full understanding of the issues and resolve them within a timescale which suits them, keeping communication channels open. Any agreement is confidential to the couple.

Child Inclusive Mediation enables children to have their voices heard. As a Child Inclusive Mediator, I meet separately with children (with consent from them and their parents), encouraging them to discuss their take on the changing family situation.

They can also ask me to feed back specific messages to their parents, often giving them valuable insights when deciding matters affecting their children.

Mediation enables parents to agree practical, legal, and financial solutions with their children’s best interests at heart. It also gives children a much-needed platform to express their innermost hopes and concerns for the future.

Collaborative Family Law – where a “no court” agreement is signed at the outset in a shared commitment to find an agreed resolution.

Each of the couple  appoints their own collaboratively trained lawyer who will work with them to identify what other professional input they need, whether financial, emotional or other support, and will work with them as a team to find, address, and resolve key issues.

Jones Myers expert mediators and collaborative family lawyers can assist you in these non-confrontational options which keeps communication channels open for many divorcing couples and enables them, and their children, to move on with their lives.

Our firm is also a long-standing supporter of Resolution’s campaign for cohabitation reform – a key element and priority of the group’s Vision for Family Justice.

Contrary to popular belief, common law marriage is a myth as the law does not offer couples who live together the same protection as married couples.

Jones Myers specialist family lawyers can advise those in this situation on their rights before they move in together or should their relationship breakdown.

For more information on mediation or other family law issues, call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 9^th in the UK’s Best 25 family law blogs and websites to follow in 2023.

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By Partner, Anthony Parrish from Jones Myers Children’s Department  

An unprecedented development sees journalists reporting in family law courts on cases which include the future and wellbeing of children whose parents are divorcing.    

Whereas the media could previously observe such hearings but only report on what a judge allowed, accredited reporters can now write in detail on cases, have access to some legal documents and interview families about their cases – providing their identify is protected.  

The move, part of a pilot scheme, aims to remove long-standing concerns about the ‘secrecy’ surrounding family courts, create greater transparency and build public confidence.

Covering private and public children law cases – the latter which involves local authorities – the 12-month pilot applies to family courts in Leeds, Carlisle, and Cardiff.

As a whole, our highly acclaimed Children’s Department sees the pilot as a favourable move in providing a positive insight within the media in helping the public understand the realities of the Family Court System – and for an unbiased approach to be taken.

However, this isn’t without some reservation about  how those who represent themselves in Court Proceedings may try to use the media to their own advantage. Particularly if they did this to portray the other party in an unfavourable light or put their privacy at risk.

In those situations, there would be concerns about how this could be managed safely, especially around the potential for Social Media platforms to be abused.

The new reporting freedoms could also see divorcing couples – particularly those with a profile in their community who are concerned about protecting their own and their children’s privacy – resolve matters out of the courtroom glare.

This can be achieved through alternative routes such as mediation or the collaborative process which help separating couples to find an agreed way forward in a constructive, positive manner.

Less costly, acrimonious, and drawn-out, these alternatives protect children being exposed to the fall out of their parents’ relationship. They prioritise children’s well-being and help the long-term interests of all those involved in the break-up.  

The specialisms of Jones Myers award-winning Children’s Team – which deals with every aspect of private and public children law – span residence, contact, relocation, international child abduction, adoption, and child protection.  

Dedicated to consistently delivering excellence, we act for parents and grandparents, we represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity. 

Our extensive expertise also includes a Family Law Mediator, a Child Inclusive Mediator, Collaborative Family Lawyer and In House Counsel.    

More information on the new reporting freedoms can be found here Reporting in the Family Court (parliament.uk)    

For queries on children law, mediation, or other family law issues, call Leeds 0113 246 0055, Harrogate 01423 276104, York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 8^th in the UK’s Best 25 family law blogs and websites to follow in 2023.

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By Nicki Mitchell, Jones Myers Family Law Mediator and Child Inclusive Mediator  

Plans to make mediation compulsory for separating couples could prevent thousands of children seeing their parents embroiled in bitter, lengthy, and costly courtroom conflicts.    

As a niche family law firm which champions non-confrontational solutions that avoid going to Court, we embrace the Government’s proposal for separating couples to undertake mediation with a qualified mediator like myself to agree key issues such as arrangements for children and financial settlements.

The plan, which aims to overhaul the family justice system, would apply to all suitable low-level family court cases. It would not include cases involving claims of, or a history of, domestic violence.

Going to Court would be a last resort if parents are unable to agree a way forward.  

We have witnessed time and again the detrimental, and sometimes long-lasting, impact that contentious courtroom disputes among warring parents can have on children’s physical and mental well-being.

Mediation can help separating couples to find an agreed way forward in a constructive, positive manner which prioritises children’s well-being and helps the long-term interests of all those involved in the break-up. 

A qualified Mediator helps couples to discuss issues confidentially and find workable agreements more quickly and cost effectively. Giving couples control over their divorce, mediation can be completed in several meetings over a few months or, in some case, weeks.    

Going to court is entirely different. If separating couples are unable to reach an agreement, a judge, who doesn’t know them or their children, will decide how their financial assets will be divided. The judge – or Magistrates – will also determine how much time each parent spend with their children and that decision is legally binding.

The compulsory mediation proposal is undergoing a 12-week consultation. More information can be accessed here.  

Another positive move for separating couples sees the Government extending the Family Mediation Voucher Scheme until April 2025.  

Since being launched in March 2021 in response to Covid-19, over 15,000 families have benefited from the publicity funded initiative which gives them vouchers worth £500 for mediation to help resolve their disputes.

To find out if you qualify for the scheme, visit  Family Mediation Voucher Scheme – GOV.UK (www.gov.uk)

Jones Myers expert mediators can assist you in this non-confrontational option which keeps communication channels open for many divorcing couples and enables them and their children to move on with their lives.

For more information on mediation or other family law issues, call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 7^th in the UK’s Best 25 family law blogs and websites to follow in 2023.

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