child support
📖 What is child support? Meaning and definition
In the UK, child support is a financial arrangement where one parent, often referred to as the 'non-resident parent' or 'paying parent', provides financial contributions to the 'parent with care' to support their child. These arrangements are typically governed by specific regulations, such as the Child Support Maintenance Calculation Regulations 2012, which outline how the amount of support is calculated and for what period. Decisions regarding child support can be made by the First-tier Tribunal (Social Security and Child Support) and can be appealed to the Upper Tribunal if there are legal errors.
The calculation of child support maintenance can involve various factors, including the period of assessment and specific circumstances like shared care arrangements. For instance, regulation 46 of the Child Support Maintenance Calculations Regulations 2012 addresses how shared care, specifically the number of nights a child spends with each parent, can decrease the amount of child support maintenance payable. Errors in applying these regulations can lead to a tribunal decision being overturned and a re-hearing being ordered.
Cases involving child support often move through different levels of the tribunal system. An initial decision might be made by the First-tier Tribunal, and if a party believes there has been a legal error, they can appeal to the Upper Tribunal. The Upper Tribunal will review whether the First-tier Tribunal's decision involved an error on a material point of law. If such an error is found, the Upper Tribunal may set aside the original decision and send the case back for a new hearing to determine factual matters.
📋 Requirements
- A child support scheme is in place, such as the 2012 child support scheme.
- There is a 'parent with care' and a 'non-resident parent' involved.
- The calculation of child support maintenance needs to be determined.
- Regulations, such as the Child Support Maintenance Calculation Regulations 2012, are applied to the specific circumstances.
📝 Procedure
- An initial child support decision is made by the First-tier Tribunal (Social Security and Child Support).
- A party may appeal the First-tier Tribunal's decision to the Upper Tribunal if they believe there is a legal error.
- The Upper Tribunal considers oral and written submissions from all parties involved.
- If the Upper Tribunal finds legal errors, it may set aside the First-tier Tribunal's decision.
- A re-hearing of the appeal before the First-tier Tribunal may be ordered to determine factual matters.
💡 Examples
- A father appeals to the Upper Tribunal because he believes the First-tier Tribunal made errors in calculating the child support amount under the 2012 scheme.
- A decision about child support is overturned because the First-tier Tribunal incorrectly applied regulation 76(2) of the Child Support Maintenance Calculation Regulations 2012 to a specific period.
- The Upper Tribunal upholds a child support decision after finding no error in how regulation 46 of the Child Support Maintenance Calculations Regulations 2012, concerning shared care, was applied.
- A mother, as the 'parent with care', receives child support from the father, who is the 'non-resident parent', with the amount determined by the relevant regulations.
📚 Legal basis
- Child Support Maintenance Calculation Regulations 2012
- Tribunals, Courts and Enforcement Act 2007
❓ Frequently asked questions
What is the 'First-tier Tribunal (Social Security and Child Support)'?
This is a tribunal that makes initial decisions on matters related to social security and child support, including the calculation of child support maintenance.
Can a child support decision be changed?
Yes, if a party believes there was a legal error in the First-tier Tribunal's decision, they can appeal to the Upper Tribunal. If legal errors are found, the decision can be set aside and a new hearing ordered.
What are the 'Child Support Maintenance Calculation Regulations 2012'?
These are specific regulations that provide the rules and framework for how child support maintenance is calculated in the UK, including factors like shared care arrangements.
What does 'shared care' mean in child support?
Shared care refers to arrangements where a child spends a certain number of nights with each parent. Regulation 46 of the Child Support Maintenance Calculations Regulations 2012 outlines how this can affect the amount of child support payable.
What happens if there's a 'legal error' in a child support decision?
If the Upper Tribunal finds a legal error in a First-tier Tribunal's decision, it will set aside that decision. This usually means the case will be sent back for a re-hearing to address the factual matters correctly.
Who are the 'parent with care' and 'non-resident parent'?
The 'parent with care' is the parent who primarily looks after the child, while the 'non-resident parent' is the parent who pays child support. These terms are used in child support language to define the roles.