Rachel Weldrake, Family Law Solicitor, Tayntons LLP, Gloucester, on fee proposals for child maintenance rulings

17th February 2011 11:30

Families minister Maria Miller has announced government plans to charge for state help where parties’ cannot agree child maintenance payments.

Rachel Weldrake, Family Law Solicitor, Tayntons LLP, Gloucester explains - the aim is to encourage parents to come to their own arrangements rather than relying on the state to set child maintenance payments – this is a sentiment with which we would all agree. It is well established that agreements reached between parents themselves are more likely to work and be more enduring.

Under the proposals parents will get free advice from voluntary and charitable bodies before deciding whether to reach an independent settlement or opt to use the statutory service.

However, it is for those parents unable to agree matters between themselves that the new plans will have the most impact as they will be charged for state help. This has led to concerns that these proposals will hit the poor.

Maria Miller said "The new system will have not just support for people to make their own arrangements but the statutory system will be there to help people who can't come to their own arrangements. There will be a charge in place for them to use that, but for the poorest people in society, the up front charge will be £20, so we are not talking about an enormous amount of money. This will still remain a heavily subsidised state maintenance system."

Under the proposals parents unable to agree could be charged about £100 - the consultation document suggests that those on benefits could pay about £50, £20 of which would be paid up front and the rest in instalments. The charges would not apply in cases where there has been domestic violence.

Nicholas Cusworth, vice-chairman of the Family Law Bar Association, said he broadly welcomed moves to help more parents come to their own arrangements and said everyone accepted the CSA had not worked.

"Scrapping the scheme and starting again is a thoroughly good idea. Charging everyone who uses the scheme - unless there is domestic violence - is not such a good idea," he said.

It is clear that with a reported more than £3.7 billion still owed by parents in uncollected child maintenance payments, with less than half of children whose parents are separated being adequately supported and the current system costing the tax payer £460 million a year something needs to be done.

For anyone requiring more detail we suggest you read the DWP consultation paper “Strenghtening Families, promoting parental responsibility: the future of child maintenance” which can be found at the following link: http://www.dwp.gov.uk/docs/strengthening-families.pdf

For advice on all family matters including child maintenance contact Rachel Weldrake, Solicitor, a member of Resolution and the Law Society’s accredited Family Law Panel on 01452 509878 or rachel.weldrake@tayntons.co.uk