The Child Support Agency and Child Maintenance and Enforcement Commission

Members of Families Need Fathers can view our factsheets on the CSA and Child Maintenance and Enforcement Commission here.

Non-members can buy our factsheets in the FNF Shop.  

To read an FNF approved guide to child maintenance, written by Child Maintenance Options, click here.

Please note that although the CSA has been replaced by the Child Maintenance and Enforcement Commission, those using the CSA schemes will remain on them.

The CSA

The Child Support Agency was set up to assess and collect money from 'non-resident parents' (NRPs) for maintenance of their children.  All 'parents with care' (PWCs - the term for the residential parent) receiving state benefits are required to co-operate with the CSA. Private cases are also accepted if one parent makes an application.

The Child Support Act [1991] is based on the principle that both parents have a responsibility to maintain their children, according to their ability to pay. There is no corresponding right of contact with the child and payments must be made irrespective of whether contact has been ordered or denied by the courts.

In 2000 the Government passed legislation setting out a new method for calculating child support. 

The new system operates broadly as follows:

·         The NRP pays a percentage of net income to the parent with care (PWC/residential parent).  This is set at 15% for 1 child, 20% for 2 children and 25% for 3 or   more children.  Net income is your income minus tax, NI contributions and your full pension contributions.

·         The income of the PWC is not taken into account under any circumstances

·         There is a 1/7th reduction in liability for shared care of more than 52 nights per year, increasing to 3/7ths plus half of the child benefit amount for equal shared care.

·         There is a reduction for second and step families.

·         A minimum payment of £5 per week will apply for NRPs on benefits (those who have shared care are exempted from this).

·         Those with an income of less than £200 per week pay reduced rates.

·         Those with an income of less than £100 per week pay a flat rate of £5 per week.

·         Tough penalties for non-payment exist, including confiscation of driving licenses.

Child Maintenance and Enforcement Commission (CMEC)

The Child Maintenance and Enforcement Commission was established in July 2008  to provide a new system of child maintenance in Great Britain. The Child Maintenance and Enforcement Commission took over responsibility for the CSA and they wish to maximise the number of effective child maintenance arrangements in place, whether private or statutory. To read an FNF approved guide to child maintenance, written by Child Maintenance Options, click here. It explains maintenance, the CM Options service, different maintenance options and lists leaflets, guides and FAQs.

The formula is complicated, but generally the Commission first works out the 'Maintenance Requirement' - the amount required to support the Parent with Care (PWC) and your joint child/ren at Income Support rates.

Your 'net income' is then calculated by deducting Income Tax and National Insurance contributions (and 50% of any pension contributions) from your gross income. From the resulting figure, an amount equal to Income Support Personal Allowance is then deducted, along with corresponding allowances for any biological or adopted children living in your household.

Further amounts are deducted for shared care/staying contact (if over 104 nights), housing costs (rent, mortgage interest and capital repayments, but not insurance premiums or Council Tax), some travel costs for contact and work (there is an element of discretion), and earlier capital settlements. The remaining figure is known as your 'assessable income'.

Your 'assessable income' is then divided by two. If this calculation produces a figure which is less than the Maintenance Requirement then that figure will be your Full Maintenance Assessment. If the figure exceeds the Maintenance Requirement, a further amount ('Additional Element') is added to the MR, and the total becomes the Full Maintenance Requirement.

The number of children involved will be taken into account. If the PWC is in employment then her ability to pay will be calculated and may reduce your assessment.

For cases on the current child maintenance scheme, the Child Maintenance and Enforcement Commission reduces the amount of maintenance by one seventh for each night of the week that the child stays with the non-resident parent.

From 2011, the Child Maintenance and Enforcement Commission will introduce the future statutory maintenance scheme (the future 'gross income' scheme). They claim that this will be simpler and would produce more streamlined assessments based on the latest availble tax year information from Her Majesty's Revenue and Customs.

Useful links:

Child Maintenance and Enforcement Commission

http://www.childmaintenance.org/index.htm

Child Maintenance Options service

Website: http://www.cmoptions.org/

Helpline: 0800 988 0988

National Association for Child Support Action (NACSA)

PO Box 4454, Dudley, West Midlands. DY1 9AN

Helpline 0870 2403343

Website: www.nacsa.co.uk

A self-help group providing telephone support via a national network.

Child Support Commission

National Enquiry Line: 08457 133 133  Website: www.csa.gov.uk

Child Poverty Action Group (CPAG)

 94 White Lion Street, London N1 9PF Tel: 020 7837 7979Publish the Child Support Handbook (2007/08- £24.00) - use the tables to calculate your assessment. www.cpag.org.uk

Family Lives

Provides advice and support for anyone in a parenting role, including step-parents and grandparents.

www.familylives.org.uk

Assessment Calculators

Provide a guide to your likely assessment. Please note that these are not definitive and may be out of date.

www.nacsa.org

http://www.cmoptions.org/

Independent Case Examiner (ICE)

P.O. Box 155, Chester CH99 9SA Telephone: 0845 606 0777

Website: www.ind-case-exam.org.uk

Deal with complaints about delay, error, discourtesy, inconsistency, and the way in which discretion has been exercised.