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Can the court order the other parent to pay me if she cares for the child

Can the court order the other parent to pay me if she cares for the child is an interesting question with an unexpected answer upon strict technical terms according to Cheshire family solicitors Stonehewer Moss. You might live an hour from your child and the CMS  has assessed you to pay over a percentage of your income. You might think of applying for a variation of the assessment based on travel but it might not have been obvious that in fact the court could order periodical payments against the parent with care.Can the court order the other parent to pay me if she cares for the child; yes, but the judge might be as surprised as you are.

By virtue of section 8 (10) of the Child Support Act 1991 the general bar upon the jurisdiction of the court to make income payments about a child in deference to the government collection agency, now CMS, is expressly lifted to seek an order against the parent with care. This makes both the Children Act Sch 1 and Matrimonial Causes Act in divorce available to the non resident parent. Each statute gives the court a discretion and the overriding objective of the court is to deal with each case justly.

How your application might be welcomed by the judge has to be questioned. The child support system exists to make what the government considers a fair distribution of assets in the form of income for the support of children. A judge might be reluctant to upset the public policy ethos for child support by giving something back to the other parent. However, the pre court negotiation of issues including mediation might enable parents to reach a fairer solution than the one size fits all formula of child support and no doubt an obvious hardship caused by the formula might cause the court to encourage a settlement. Can the court order the other parent to pay me if she cares for the child; yes, and you might not be as defenceless as  you thought.

For advice negotiation and representation in family law disputes please call 01606 872200 e mail visit


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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Solicitors in Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583 and PIPLaw
which is a firm of solicitors authorised and regulated by the the Solicitors Regulation Authority No. 471159

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