Gardner Leader

Child Contact and Child Support following a Relationship Breakdown

Separating parents have much to contend with, particularly in the current economic climate.  When a relationship breaks down, it is often a challenge to find a financial solution that is fair and acceptable to both parties, whilst ensuring that the needs of any dependant children are met.  Lucy Savage, Legal Executive in the Family Team at Gardner Leader LLP, takes a closer look at the separate issues of child contact and Child Support that arise in these circumstances.

Through the financial maze that the family is navigating following a relationship breakdown, of primary importance are the many and varied needs of the children.  The children need to know that even though their parents no longer love each other, they (the children) are loved by both parents, irrespective of the financial arrangements that are made following the relationship breakdown.  As far as possible, they should be kept unaware of any difficulties that the parents are having in reaching an agreement over who lives where and who receives what, however, when the parents have reached agreement, it is very important if both parents can take part in telling the children the future plans.  The parents will endeavour to make arrangements for the children to have contact with the parent with whom they are no longer living and, in addition, will try to agree the level of Child Support payments that will be made by the non-resident parent. Some will involve the Child Support Agency (CSA) and others will make their own informal arrangements.

 Sometimes a situation arises where a non-resident parent is not making any child maintenance payments, perhaps because of unemployment or with no justifiable grounds, but still wants to see the children, what happens then?

Some parents struggle with the notion that contact with children is neither parents’ “right”, but rather the child’s right to a good relationship with both parents wherever possible.  It may seem unfair that a parent who, for example, is self employed “gets away with” reduced Child Support payments because their income is difficult to prove, but then expects to be “allowed” to take their children on holiday for a week. Perhaps the CSA makes an odd decision as to the level of payments that doesn’t seem fair.  Is it therefore, OK to stop or reduce contact with the children until the non-resident parent pays a “fairer” amount, or insist on the number of overnight visits being reduced so that the CSA payment is increased?

The legal precedent in the UK provides that child contact and Child Support payments should not be connected.  Clearly committed parents will do their utmost to ensure the best possible standard of living for their children by making their Child Support payments as generous as possible, but such payments are not a prerequisite to contact taking place; children’s time is not “for sale”.  Stopping contact can in certain circumstances be very detrimental to a child who may then think that they are to blame.

The Family Team at Gardner Leader is committed to assisting families in reaching agreements on relationship breakdown that put the best interests of the children first, as the vast majority of parents understandably wish to do. 

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