Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

New laws will soon be introduced to protect victims of domestic abuse from having to deal with the other parent, if they are the perpetrator of the abuse, in regard to child maintenance applications. Here, Melissa Jones, Senior Associate, looks at what this means for domestic abuse victims and how the Child Maintenance Service is going to support them.

It’s not physical violence, is it Domestic Abuse?

Domestic abuse is when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.

Domestic violence can take many forms. Other than physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.

In addition to the above, you might feel anxious about claiming child maintenance from the other parent, if they have been abusive towards you, because they might use a child maintenance application as a way to further contact you, harass your, intimidate you or as a way of exerting financial control.

What is Child Maintenance? Can I claim this?

All parents have a responsibility to provide financially for their child even if they live apart from the child and the other parent. Child maintenance can make a significant difference to a child’s wellbeing and the quality of family relationships. Child maintenance is the regular, reliable financial support parents provide for their child when they separate. It can help towards a child’s everyday living costs and give them the best start in life.

Child maintenance can be agreed voluntarily between parents. If an agreement cannot be reached, then an application can be made to the Child Maintenance Service (CMS) – a government body that assesses one parent’s financial means and can make a mandatory requirement that he or she pays child maintenance to the other.

The amount of child maintenance that will need to be paid will depend on a number of factors. For further information visit the Government website.

How will the Child Maintenance Service help me?

Under the new measures soon to be introduced, the CMS will:

Give you the choice, as a survivor of domestic abuse, to allow the CMS to collect Child Maintenance and make payments on your behalf. This would be without the consent of the abusive ex-partner.
Be given powers to report suspected cases of financial coercion to the Crown Protection Service.

Senior Associate, Melissa Jones comments “this is a very helpful and proactive step in tackling domestic abuse and practically assisting survivors of domestic abuse. Sadly, help for a victim is not only needed when they are still with perpetrator but long after too, and with Child Maintenance claims, protection might still be needed after the relationship has ended to prevent further emotional and financial control. The new measures are much needed, and will no doubt help a number of domestic abuse survivors in difficult times and adds an extra layer of protection as they move on with their lives.”

If you believe you are, or someone you know is suffering from domestic abuse, then there are ways to help you, and them. At McAlister Family Law we can help victims of domestic abuse by advising them on the most appropriate course of action in their particular situation,

If you are anxious about claiming child maintenance, want to learn more about your rights pet and want some advice, then contact our team of family experts who can advise you further.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Sources

https://www.familylawweek.co.uk/site.aspx?i=ed235424

Kanye to pay $200,000 / month in child maintenance. What lessons can be learned from the settlements of the ultra-rich?

In the long line of staggering elements of Kanye West’s most tumultuous year, him agreeing to pay a $200,000 (around £165,000) a month settlement to his ex-wife, Kim Kardashian, for child support, is not even the most surprising or jaw-dropping. Here, Michael Compston discusses how this figure was decided upon and what lessons can be learned from the settlements of the ultra-ultra-rich for the remainder of society.

Before we begin, let’s look at some background. West, or Ye as he now likes to be known, is 45 and Kardashian is 42. They married in 2014 and divorced in 2022, being married for some 8 years. The couple happily had four children together, North (9), Saint (6), Chicago (4) and Psalm (2).

For starters, West and Kardashian have agreed to there being no spousal maintenance being paid to either. This, given their extraordinary wealth – both being estimated as being worth at least $1billion individually in the last twelve months, though West’s current status may be “just” that of a 9-figure millionaire – is perhaps not surprising. What they have agreed is for West to pay the sum of $200,000 a month to Kardashian for child support.

The concept of child support, or child maintenance in England & Wales, is one whereby one parent pays a monthly sum to the other parent to ‘support’ or ‘maintain’ the children. The use of the word ‘maintain’ is perhaps more helpful in understanding what the concept of child support actually is. The children must be maintained in the lifestyle that they have become accustomed to. It is most commonly paid by the parent with whom the children spend less time, though in the West v Kardashian case the arrangements in the US case for the children are seemingly shared. The mechanism by which a court would consider maintenance is paid is found under the Matrimonial Causes Act 1973, though most separating couples will use the maintenance calculator on the Child Maintenance Service website.

In some cases where the ultra-ultra-rich are not concerned, this might extend to items such as ballet lessons, horse riding, art workshops etc. If the couple used to holiday abroad twice a year, then the children should still be able to do so upon divorce, if it can be afforded. Divorce should not be a reason why a child is not able to continue to take part in the activities that they enjoyed when the family lived together all under one roof.

In cases of the West children, the activities are slightly more extravagant. They will not be staying at chain hotels but staying at the most luxurious accommodation worldwide. It is not uncommon for either parent to fly by private jet; those tickets do not come cheap even for the uber-wealthy. The elder children have become accustomed to that lifestyle and would not be expected to have to go without, irrespective of how detached from the norm we may consider that to be. As a family very much in the “A-List”, there are security costs to ensure their safety. All of this has a cost, even to the billionaires.

Schooling is often a big factor. As part of financial settlements upon divorce in England and Wales, the court can make specific school fees orders that ensure a child is kept in the level of education to which they have become accustomed. The West children all attend a fee-paying school and if this was being dealt with in England and Wales it would not be expected to stop attending that school, or a school of similar standing especially as they progress from elementary (primary) to high (secondary) school, because of their parent’s divorce. It is understood that the couple have agreed to share the school fees, which will have been factored into the $200,000 a month payment; not only this, but college funds will need to have been carefully considered for all four.

West and Kardashian have, perhaps sensibly, avoided the need for a trial by reaching a settlement. This is behaviour that would be encouraged regardless of the parties’ wealth and behaviour that we would encourage in those individuals struggling to reach an agreement. By avoiding the trial, they have avoided the considerable expense and emotional difficulty of having their finances and activities laid bare in front a judge, before a decision is made without necessarily having their agreement.

The same principle applies in the ‘real world’, In England and Wales if you attend a final hearing on finances, you are handing over the power to make decisions to a Judge. Negotiations beforehand may result in an outcome that, whilst not ticking every box, might just be a better settlement for both, rather than risk a Judge falling closer to the opponent’s side of the spectrum than yours.

West’s 2022 has been chaotic, to say the least. He has lost a number of endorsements as a result of anti-semitic rants and has been suspended from Twitter. Mega companies such as Adidas and Balenciaga have cut all ties with him. This will no doubt impact his finances for years to come and it may be that the $200,000 a month payment to Kardashian is unaffordable in the future. West will need to bring the matter back to court and provide sufficient evidence that his means have dwindled to the extent he cannot pay the sum agreed. The same principle operates in any settlement in England and Wales; if there is a material change in the financial circumstance of the paying party, then it is only fair that a reassessment be considered. A party cannot simply choose not to work or not be employed to an appropriate standard to try and frustrate the other parent; it is unlikely that if the case was being dealt with over here we would see West stacking shelves in a supermarket any time soon, as he would be accused of failing to maximise his earning potential.

If you are affected by any of the issues raised here, please get in touch today. We are here to help.