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?
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
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