Claiming Child Support
The importance and significance of child support cannot be under estimated where there has been a breakdown of a relationship between parents.
Until 1991 the only way you could obtain financial support for a child was through an application to the court. Since then the position has almost entirely changed.
The Child Support Act 1991 introduced a system where the ability to claim child support was removed from the courts and instead vested in the Child Support Agency (CSA). The CSA is now almost entirely responsible for the enforcement and collection of child maintenance.
However, in some cases the CSA does not have the power to deal with child maintenance and therefore applications to the court may still be necessary. This could be where the absent parent lives abroad, has a high level of income which is above a specific level, or where you are seeking a contribution to school fees.
We always aim to settle your case out of court first, amicably with the other parent, but if court proceedings are required then we are able to advise and help you with this process.
What is Parental Responsibility?
Parental Responsibility are the rights and duties given to a parent, and others with a close connection with the child, to take major decisions concerning a child’s life. Responsible parenting is to endeavour to reach these decisions with the other parent. If this is not possible, the court will decide.
A mother always automatically has parental responsibility. There are a number of ways for a father and others to acquire Parental Responsibility for a child. These are:
- A mother and father both have parental responsibility if they are married to each other at the time of the child’s birth or subsequently
- By both parents entering into a Parental Responsibility Agreement
- This is a straight forward document (one for each child) that is completed by both parents and lodged at the Family Court
- By an order of the Court
- For children born after 1 December 2003 of unmarried parents, the father has parental responsibility if he was present when the Birth was registered and his name is on the Child’s Birth Certificate as the child’s father
Further provisions can also apply for those in same-sex relationships, or with families who have been involved in surrogacy.
