Separation can be challenging, and one of the most pressing concerns for parents is how to manage their children’s financial future. While the Child Maintenance Service (CMS) provides a mechanism for calculating core payments, those payments are generally designed to cover day-to-day living costs. They often do not automatically account for the significant additional expenses that come with raising children, such as school fees and activities.
At McPartland & Sons Solicitors, we understand that planning for these future child maintenance costs is crucial for financial stability and reducing potential disputes. Here is our guidance on how to prepare for the year and ensure your children’s needs are met, well beyond the basics.
Understanding the CMS and the ‘Extras’
In Northern Ireland, the CMS formula is based on the paying parent’s gross weekly income, the number of children, and the number of overnight stays. Crucially, the standard CMS calculation does not usually include contributions towards ‘extras.’
For most families, these ‘extras’ can represent a substantial part of a child’s upbringing. If you rely solely on a CMS assessment, you may find yourself struggling to cover these significant expenses or facing repeated, stressful arguments with the other parent. This is where proactive legal planning can make a world of difference.
These ‘extras’ can include:
- Education: Private school fees, educational trips, specific tuition, or costs associated with a child’s specific learning needs.
- Extracurricular Costs: Sports clubs, music lessons, equipment for hobbies, and other activities.
- Health: Non-essential or uninsured medical/dental treatment, specialist therapy, or prescription costs not covered by the NHS.
- Major Purchases: New computers/laptops required for study, replacement furniture, or costs associated with a driving licence/first car.
- Future Planning: Contributions to university or higher education costs.
This is where proactive legal planning can make a world of difference in securing comprehensive child maintenance.
The Power of a Family-Based Arrangement
For many separated parents, a Family-Based Arrangement is the most flexible and effective way to plan for the year ahead. This is a private agreement between you and the other parent. While it can be reached without legal involvement, having a solicitor draft a clear document is essential for certainty and to minimise future conflict.
A family-based arrangement allows you to custom-design a financial plan that specifically includes contributions towards these larger, planned expenses:
- Establishing a Budget: The agreement can establish an annual budget for predictable costs (like uniforms, school fees, or specific activities) and a clear mechanism for sharing them (e.g., a percentage split based on income).
- Defining Payments: You can stipulate exactly how and when substantial sums, such as contributions to school fees or medical expenses, are to be paid—separate from, or included in, the regular maintenance sum.
- Contingency Fund: The arrangement can plan for one-off or unpredictable major costs, like essential electronic upgrades or higher education deposits. Setting aside an annual lump sum or establishing a joint fund for these contingencies can prevent future surprises.
While a family-based arrangement isn’t legally enforceable in the same way as a Consent Order, it provides a crucial framework for communication and cost-sharing, significantly reducing conflict.
Securing Payments with a Consent Order
If your agreement involves substantial payments, such as significant school fees or high-cost therapies, or if the paying parent’s income exceeds the CMS maximum threshold (£3,000 gross per week in NI), you should consider formalising your agreement into a Consent Order.
A Consent Order is a legally binding document approved by the court. This means that if one parent fails to pay the agreed-upon amount for costs like school fees, essential equipment, or future university expenses, the other parent can use the court system to enforce it. This provides the highest level of financial security for your child’s future.
Your Proactive Planning Checklist
- Calculate the Basics: Use the CMS calculator as a starting point for the basic child maintenance amount.
- Total the Extras: Create an annual budget that includes all non-basic costs—education, health, future planning, and activities.
- Discuss and Agree: Propose a fair sharing arrangement for these “extra” costs to the other parent, taking both incomes and financial responsibilities into account.
- Formalise the Agreement: Contact a solicitor to have your bespoke agreement drafted as a Family-Based Arrangement or a legally binding Consent Order.
Don’t leave your child’s financial future to chance or last-minute arguments. By taking action today, you can secure the necessary financial provisions to support your child’s health, education, and passions.
For personalised, expert advice on child maintenance, school fees, and securing funding for other major activities and expenses, contact the dedicated Family Law team at McPartland & Sons Solicitors. We have offices conveniently located in Lisburn and Lurgan to serve clients across Northern Ireland. Call us today to schedule a confidential consultation.
Related Blogs: