Child support—respective jurisdictions of the Child Maintenance Service and the court


Published by a ÑÇÖÞÉ«ÇéÍø Family expert
Practice notes

Child support—respective jurisdictions of the Child Maintenance Service and the court


Published by a ÑÇÖÞÉ«ÇéÍø Family expert

Practice notes
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This Practice Note details the role of the Secretary of State acting through the child maintenance service (CMS) in calculating and collecting child support maintenance, the jurisdiction of the CMS and the jurisdiction of the court. It also considers specific situations in which special jurisdictional arrangements are in place in relation to consent orders, existing orders, maintenance agreements and provision from the estate of a deceased parent. See also Practice Notes: Statutory child support scheme and Maintenance provision for children under Schedule 1 to the Children Act 1989.

Regarding the jurisdiction of the courts generally to make orders in financial order proceedings on divorce or dissolution, see Practice Note: Financial proceedings—orders that can be made by the court.

Role of the Secretary of State acting through the Child Maintenance Service (CMS)

Statutory scheme—history

With effect from April 1993, maintenance for children whose parents lived apart, was determined by the Child Support Agency (CSA), as established by the Child Support Act 1991 (CSA 1991). Subsequently the child maintenance and Enforcement Commission (C-MEC)

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Child maintenance definition
What does Child maintenance mean?

A payment made (usually by a parent) to the other parent for outgoings relating to a child or children. Child maintenance may be paid on a voluntary and agreed basis, via the child maintenance service (CMS) or in limited circumstances ordered by the court (also known as 'child periodical payments' or 'child support').

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