Children's Matters

Children and Divorce

Matters regarding children are often arranged at the same time as finances. We can help you with:

• Residence
• Contact, to include overnight stays, supervision, holidays and if your child/ren no longer live in the UK
• Paternal parental responsibility if you are not married to the child's mother
• Abduction

Lincoln Solicitors, Dale and Co. know that Children's matters can be especially emotional and we will do our utmost to help resolve issues quickly and with the minimum of disruption for the child.

Child Maintenance is often paid by agreement.

Child Maintenance is often paid by agreement, based on Child Support Agency guidelines of 15% net income for one child, 20% for two children and 25% for three or more children (this can vary). If an agreement cannot be reached, an application to the CSA can be made. The court can only make orders in respect of child maintenance if:

• The other parent lives abroad
• The child is 19 or above and still in full time education
• The child has disabilities – mental or physical
• To apply for top-up payment if the other parent is wealthy
• For school fees
• If a claim is for step-children
• There is already a maintenance order in force.

Arrangements for the child in a divorce.

Ideally, arrangements for the child in a divorce will be reached amicably without the need for any Family Law Court involvement. However, if arrangements cannot be agreed then an application to Court can be made to resolve the dispute. Arrangements for children will also only be decided by the court if an amicable agreement cannot be reached.

Children and separation orders.

You must make arrangements for any children before you can be considered for a separation order.

If there are children in the family you must decide on the day-to-day care arrangements. The courts can do this if you are unable to reach an amicable decision. They will only step in if it will be in the best interests of the child and can make contact and residence orders. In this case, a Children and Family reporter (from CAFCASS) will become involved.

An application for dissolution or separation will require details of all dependants, care and financial arrangements.

At the end of a civil partnership, as with a divorce, financial matters will have to be resolved and this may include the transfer of property, lump sum orders, periodical payments, pension sharing orders, child maintenance etc.