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Child Support Regulations 2018


On 29th November 2018 the Government changed the Child Support Regulations back to enable the CMS to take into account a Non-Resident Parent (NRP) assets for child support payments. This is particularly relevant for Parents with Care (PWC) making claims against NRP’s who are asset rich but have arranged their assets in such a way as to appear income poor.

The minimum single value of each asset that will be taken into account is £31250, although if it is the same sort of asset e.g. shares, gold, they will be treated as a single asset.

The asset will be considered to be producing an income of 8% of the value of the asset and these include bank accounts, virtual currency and trusts where the NRP is a beneficiary

Protections will allow for the minimum level of notional income to be set at £2,500 per year. This is the same as the current threshold for variation based on unearned income, so ensures the overall approach remains consistent.

Some assets will be disregarded including the primary residence of the NRP, or any child of the NRP, assets being used for the NRP’s business and personal injury compensation. An asset already producing an income stream captured by the standard calculation or other variation provisions is also disregarded. Only the value of the equity in the property will be taken into account.

The PWC may have to ask the CMS to vary their assessment based on the NRP’s assets and they may have a battle on their hands to prove what those assets are, if the NRP does not disclose them.

If you have questions about your rights in relation to family matters please contact  Joanna Gardner, SME Solicitors, 8 Sansome Walk, Worcester, WR1 1LW.  01905723561

Contact: joanna.gardner@smesolicitors.co.uk or visit out Family Mediation page.

Added: 13 Feb 2019 12:14


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