Child Maintenance: How to Claim from a High-Income Parent
Claiming child maintenance often feels frustrating, especially when the paying parent refuses to contribute. This becomes even more challenging if that parent earns a high income. While the Child Maintenance Service (CMS) uses a formula to calculate payments, securing funds from a high earner can be difficult. However, understanding the process can help ensure your child receives the financial support they deserve.
Key areas explored in this article
- Understanding Child Maintenance for High Earners.
- Factors Affecting Child Maintenance for High Earners.
- How the Court Can Help.
- Steps to Claim Child Maintenance from a High Earner.
- How Dawn Solicitors Can Help.
- Conclusion.
- FAQ’s.
Understanding Child Maintenance for High Earners
Child maintenance is based on the parent’s gross income. Typically, the CMS calculates monthly payments using a percentage of this income. For example, they allocate 12% of the gross income for one child. Similarly, they allocate 16% for two children and 19% for three or more.
However, the CMS limits the income they consider. Currently, they assess up to £156,000 per year or £3,000 per week. If the high-earning parent earns more, the CMS still applies the maximum rate. In such cases, the court may step in with a “top-up maintenance” payment. This provides extra support beyond the CMS calculation.
Factors Affecting Child Maintenance for High Earners
Every child deserves financial support from both parents, no matter their living arrangements. When one parent earns a high income but refuses to contribute, the burden often falls unfairly on the other parent. Therefore, it’s crucial to claim child maintenance. The CMS calculates payments using the paying parent’s gross income, ensuring a fair contribution. Even if the parent earns a substantial income, you can secure the right child maintenance with the proper approach.
When you claim maintenance from a high earner parent, several factors influence the outcome. First, the high-earning parent’s income may include salaries, wages, bonuses, and taxable overseas earnings. However, the CMS does not automatically consider unearned income, such as rental income or dividends. If you believe these should be included, you can request a variation to factor them in.
Additionally, the high-earning parent’s maintenance obligations may decrease if they have other children or share care with you. For example, if the child spends considerable time with that parent, their payments may reduce accordingly.
How the Court Can Help
After the CMS makes its maximum assessment, the court can make additional decisions. The court isn’t restricted by the CMS formula, so it can award top-up payments. Moreover, the court can include unearned income and other contributions from the paying parent.
In high-earning cases, the court might deviate from the CMS formula, especially when income exceeds £650,000 annually. In these situations, the court has the discretion to award payments based on income beyond the CMS cap.
Steps to Claim Child Maintenance from a High Earner
1. Contact Child Maintenance Options:
You need to contact Child Maintenance Options before filing a claim with the CMS. They act as a gatekeeper and guide you through the initial steps, ensuring a smoother process.
2. CMS Assessment:
The CMS assesses the high-earning parent’s gross income. They then calculate the appropriate maintenance amount, up to the maximum threshold set by law.
3. Request a Court Top-Up:
If the parent’s earnings exceed the CMS threshold, you can apply for additional maintenance in court. The court has the flexibility to grant amounts beyond the CMS formula.
4. Include Unearned Income:
When the high-earning parent has unearned income, such as rental or investment earnings, you can request a variation. This will ensure that the CMS assessment includes these additional sources.
5. Consider Shared Care:
If the high-earning parent shares care of the child, it could affect the maintenance amount. Ensure the CMS takes this into account during their assessment.
How Dawn Solicitors Can Help
Navigating child maintenance claims feels complex, especially with high-income individuals involved. At Dawn Solicitors, we focus on family law and guide you through every step. Our experienced team secures the financial support your child deserves through the CMS or courts. Additionally, we provide personalised advice so you fully understand your rights and achieve a fair outcome.
At Dawn Solicitors, we use our expertise to help you make informed decisions that protect your rights throughout the process. We are dedicated to supporting you every step of the way, ensuring your interests are safeguarded and the legal process runs smoothly.
To contact a solicitor from our firm, simply call us at +44 1753 530 111 or send us an email on info@dawnsolicitors.com.
Conclusion
Claiming child maintenance from a high earner requires navigating both the CMS process and court involvement. Therefore, you need to understand how the system works to succeed. Seeking expert legal guidance will help you secure the financial support your child deserves. Moreover, you should always act quickly to get professional advice. This ensures that your claim is handled fairly and effectively.
FAQ’s
Q.1 Can I claim child maintenance if the high-earning parent earns more than £156,000 annually?
Yes, the CMS limits its assessment to £156,000 per year. However, you can still apply to the court for top-up payments. If the parent earns more than this amount, the court can adjust the maintenance.
Q.2 How can I include unearned income in a child maintenance claim?
Unearned income, like rental or dividend income, isn’t included automatically by the CMS. However, you can request a variation. This will ensure the additional earnings are considered in the final calculation.