Q&As

Where the parties are divorced and the non-resident parent lives abroad and has assets in the UK, should an application for child maintenance be made under the Matrimonial Causes Act 1973 or under Schedule 1 to the Children Act 1989 where both are an option?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 11 August 2020
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While most separated parents will be able to turn to the child maintenance service (CMS) for a calculation, and for enforcement, in respect of child maintenance, this is generally not the case if the non-resident parent is habitually resident outside the UK. Pursuant to section 44 of the Child Support Act 1991 (CSA 1991), the Secretary of State has jurisdiction to make a maintenance calculation with respect to a person who is a non-resident parent only if that person is habitually resident in the UK, unless the non-resident parent falls into one of the narrow categories of persons detailed in CSA 1991, s 44(2A).

If the CMS does not have jurisdiction, an application for child maintenance may be made to the court either under Schedule 1 to the Children Act

Katherine Illsley
Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Key definition:
Non-resident parent definition
What does Non-resident parent mean?

A term used in relation to both private children proceedings and regarding statutory child support in relation to the parent with whom a child does not primarily live.

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