Your Questions Answered
Here, you’ll find answers to common questions about child maintenance, guidance on navigating the Child Maintenance Service (CMS), and how NACSA supports parents and professionals alike. Whether you’re looking for assistance with a CMS calculation, understanding your legal rights, or exploring our services, our FAQs provide essential insights to help you make informed decisions. For further assistance or tailored advice, feel free to reach out to our team directly.
What is NACSA?
NACSA are specialists in child maintenance law and are dedicated to providing expert guidance and support for parents dealing with child maintenance issues. We help navigate the complexities of child maintenance laws and ensure families understand their rights and responsibilities.
How can NACSA assist me with child maintenance?
NACSA provides expert advice and support in all aspects of child maintenance law. We can offer advocacy services at Tribunal proceedings, but we do not represent clients in court proceedings.
What should I do if I believe my child maintenance calculation is incorrect?
If you suspect that the CMS has made an incorrect calculation, contact us for guidance. We can help you understand the process for challenging the calculation and assist you in presenting your case effectively.
Can NACSA represent me in a legal matter?
While NACSA provides expert advice and support, we do not represent clients in legal proceedings. We can assist you in understanding the legal framework and preparing your case, but legal representation must be sought from a qualified solicitor.
What types of clients does NACSA support?
NACSA assists parents, family lawyers, and advocacy organisations. We aim to provide expert guidance to anyone navigating the complexities of child maintenance, regardless of their specific role in the process.
How can I stay updated on changes to child maintenance legislation?
We regularly update our resources and provide insights on our website. You can also follow us on our LinkedIn page.
What resources does NACSA provide for understanding child maintenance?
NACSA offers a range of resources, including guidance documents, workshops, and informational materials. These resources are designed to help families understand their rights and responsibilities under the CMS.
Is there a fee for NACSA’s services?
Our primary goal is to support families effectively. We offer a fixed fee initial consultation where one of our Specialists will discuss your case, identify opportunities to challenge any decision, or further any dispute. Other services are available, including our Full Representation Service, which allows us to take over the full management of your case.
What if I am located outside the UK?
NACSA primarily operates within the UK, but we provide guidance for families living overseas but who still have a live CMS case. Contact us to discuss your specific situation and see how we can assist you.
How can I contact NACSA for more information?
You can reach out to us through our contact page on our website. We offer various methods for getting in touch, including phone consultations and email support, to address your inquiries and provide assistance.
My payments are unaffordable is there anything that can be done?
Possibly yes, whilst the actual liability for regular maintenance, if calculated correctly, is not negotiable, any additional payments towards arrears can be adjusted to make your weekly/monthly payment affordable. To do this, you must speak to the CMS and discuss the reasons why more affordable payment plan for the repayment of arrears on your case.
Do I have to pay child maintenance when I have 50/50 equal care?
CMS will view equal care in two ways: Band equal shared care applies when the paying parent has the child/ren overnight for 175 or more nights per year. This will result in a reduction of maintenance, but a liability remains in place. Equal Shared Care applies where both parents provide day-to-day care to the same extent. If this is proven, the CMS case will close, and no maintenance is due. The rules around equal shared can be complicated. You can find out more about Equal Shared Care and how this might apply in your own case from a consultation with our Shared Care Specialist.
Can charges apply before the case opened?
No, charges can only apply from the date your case opened. Any arrangements, and/or payments prior to the CMS start date will be disregarded.
My Child lives with me but the CMS are saying I must pay the other parent?
CMS will often determine the ‘primary carer’ by which parent receives the Child Benefit. If you disagree with that decision, you must follow the specific dispute route, submitting all necessary evidence to demonstrate you are the primary carer irrespective of the child benefit payment. Details of how to dispute any CMS decision can be found here Mandatory Reconsideration and Disputing CMS decisions
The Paying Parent no longer resides in the UK, can I still open a Child Maintenance Case?
There are special rules around the habitual residence of a paying parent, so even if they live and work overseas it might be possible to open a CMS application. However, if the paying parent has no UK taxable income, the CMS may only produce a nil assessment award.
If the paying parent is deemed NOT habitually resident in the UK, the CMS will not accept the maintenance application.
The Receiving parent and child no longer live in the UK, can they still open a Child Maintenance Case?
No. Both the PWC and qualifying child/ren should be habitually resident in the UK for a CMS application to be accepted. Some circumstances may apply where the qualifying child is temporarily overseas, but is deemed habitually resident in the UK.
How long do I have to pay Child Maintenance for?
Child Maintenance is payable until the child is no longer in approved full-time, non-advanced, education or upon the child’s 20th Birthday.
I disagree with the maintenance calculation, what can I do?
Any child maintenance calculation must include details of the information used to calculate the maintenance due. If any aspect of that information is incorrect you must raise your dispute under the ‘mandatory reconsideration’ process which has very strict time limits. If the decision is still in dispute you may need to file an application with HM Courts and Tribunals (HMCTs). It is important that you seek sound advice before applying to the HMCTs. More details about the process to dispute a decision can be found here Mandatory Reconsideration and Disputing CMS decisions
Child maintenance payments remain payable at the rate notified even if you have a dispute in place.
What should I do if I disagree with a CMS decision?
You must first raise a Mandatory Reconsideration against the disputed CMS decision, which must be lodged within one month of the decision’s notified date. A Mandatory Reconsideration Notice will be issued to confirm if the decision was amended or not. If the decision remains in dispute, an application to appeal must be raised. This must be lodged with HM Courts and Tribunals within one month of the date of Mandatory Reconsideration Notice.
It is important to seek sound advice and guidance before taking any decision into appeal, so contact us now to see how we can help you.
How long do CMS Tribunals last?
Tribunal timescales can vary depending on the nature of the appeal. In cases involving complex earnings, the process can take several years, but cases involving shared care, or other children in the paying parents household might be resolved in 12-18 months.
Can we help with Liability Orders?
A Liability Order is the first stage of any court based enforcement action. If you have received a Liability Order hearing date, and you want to attend the hearing, you must contact CMS to advise them of your intention to attend as arrangements will need to be made.
Liability Orders ‘legalises’ the debt which is necessary before CMS can take any court based action to recover the debt. The court dealing with the Liability Order does not have the power to consider any disputes you have against CMS decisions, those matters can only be dealt with by a Tribunal.
