How child support lawyers can help you

 

Child support lawyers are legal professionals who specialise in the child-support aspect of family law. The need for this specialisation comes from the complexities and unique legal issues that arise through child-support conflicts.

What is the CSA? 

The Child Support Agency (CSA) is a governmental body charged with calculating and enforcing maintenance payments. The calculation is done in accordance with legislation and depends largely on the individual circumstances of each case.

The CSA has been heavily criticised in the past for occasionally miscalculating the amount of maintenance payments due. An individual’s income level and expenses are often overlooked by the CSA which then leads to conflicts.

If a decision is wrong, the individual has grounds for appeal. It is common for that individual to seek legal advice from a child support solicitor, as the professional is able to provide assurance that the law is on the side of the aggrieved party.

How can child support lawyers help?

A child support lawyer may also help a non-resident parent (the parent not living with the child) in cases where there is doubt regarding paternity. On occasion the issue of genetic proof ends up in court. In the case of Re H (Paternity: Blood Test) 1996:

  • The roles were reversed compared to the usual conflicts - the mother refused to undergo a blood test because she did not want the father to have proof of paternity
  • The reason was that the woman had an affair with the father and then wished to raise the child as if it was her husband’s

If you are seeking to resolve a dispute regarding child support, you may be well served by speaking to a child support lawyer. The legal advice a professional can provide you with will enable you to proceed confidently with your claim, and to have a better understanding of the procedural aspects of the legal system

What are common child support disputes?

Commonly a child support dispute is a straightforward matter. The most common conflict relates to the amount of maintenance payments the non-resident parent must pay to the resident parent (the resident parent is the parent that lives with the child the majority of the time).

These disputes can simply be resolved by applying the relevant legislation to the case. If the calculation is disputed by one of the parties they can appeal. This process is quite common and for the majority of the cases child support lawyers are there to provide guidance and assurance that the law is on the side of their clients.

However some cases, such as the Secretary of Work and Pensions v M, are much more complex, and often relate to other aspects of law such as human rights.

  • This appeal involved a legal question that required specialisation
  • In the case of M the mother of the child was the non-resident parent and the calculation of maintenance payments did not consider her partner’s financial situation because she was in a same-sex relationship
  • She brought a claim because the refusal to acknowledge her same-sex partner meant her maintenance payment was higher than if it was a heterosexual relationship

If you have a legal conflict related to child services, lawyers with the appropriate experience will be able to provide you with good advice and guidance.

Want to know more about paying for child maintenance? See our advice page on child support.

Do you require a child support lawyer to advise you on an issue relating to the payment of child support? Contact Law can put you in touch with a specialist family lawyer who deals with CSA matters and can advise you on the best course of action to take for your circumstances. Please call us on 0800 1777 162 or complete the web-form above.

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