child support

The existing functions of the Child Support Agency (the CSA) were transferred to a body corporate called the Child Maintenance and Enforcement Commission
(CMEC) in November 2008 and it has jurisdiction to deal with matters of child maintenance and therefore such applications cannot usually be made to the Court although agreements in relation to maintenance payments can be recorded in a Court order or maintenance agreement if both parties so choose and agree. 

Clients may need support with regard to the maintenance assessment carried out by the CSA or with regard to an appeal against any such assessment. 

Presently there is a fixed formula for calculating Child Support payable by the non-resident parent to the parent with care of the child or children. Notwithstanding the apparent transparency and simplicity of the regime, calculations may still be highly complex and this is merely a basic survey and should not be regarded as comprehensive. The formula presently is as follow:-

(i)         For one child the non-resident parent is required to pay 15% of net income.

(ii)        For 2 children the rate is 20%.

(iii)       For 3 or more children the rate is 25%.

The sum to be paid to the parent with care can be reduced having regard to the number of nights that a child spends with the non-resident parent and whether there are other children for whom the non-resident parent is financially responsible or has living with them whether or not they are their natural children. 
For detailed discussion or advice on these issues please contact one of our Solicitors.  

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