conférence de la haye de droit international privé - HCCH

The UK has two systems for dealing with maintenance obligations, the Child Support Agency
and the courts in England and Wales.
The Child Support Agency
Child Support Act 1991 amended by Child Support Act 1995, Social Security Act 1998 and
Child Support, Pensions and Social Security Act 2000
The Child Support Agency (CSA) is part of the Department for Work and Pensions. It covers
the whole of the UK, but certain features differ slightly for Scotland and Northern Ireland. The
CSA is responsible for assessing, collecting, paying and enforcing child support maintenance.
The Agency operates out of six Child Support Agency Centres and across a network of local
offices. The six Child Support Agency Centres are in Hastings, Falkirk, Dudley, Plymouth,
Birkenhead and Belfast. The Centres carry out most of the maintenance assessment work and
deal with the collection of maintenance payments. A Client Helpline Service is based in each
Centre to allow the individual to phone the CSA about their particular case.
The main Centres are supported by a number of processing offices; these are responsible for a
range of activities including tracing the parent who needs to pay maintenance, initiating
contact with non-resident parents and arranging the payment of child support maintenance.
(a) Child support maintenance is awarded under the Child Support Act 1991 and is
administered in the UK by the Child Support Agency. The scheme only relates to child
maintenance and does not cover spousal only maintenance.
The Act provides for the structure of the scheme, application for child support maintenance,
calculation of the amounts to be paid appeals, variations, collection and enforcement. The
detail of the scheme is left to regulations. Child support officers under delegated powers make
certain decisions, such as the calculation of child maintenance and are subject to appeal under
the Act
Child support maintenance decisions take the form of periodic payments of money, expressed
as weekly amounts. Before 1993, lump sum payments and property transfers could be made
as final settlements under a court order. Since the setting up of the CSA, these final
settlements are not accepted, but are taken into consideration when making a maintenance
assessment.
The Courts
(a) The Courts in England Wales provide for maintenance of the under the Children Act 1989.
Children Act 1989 Schedule 1
The Act provides for financial relief for a child in the High Court, or County Court or
Magistrates’ (Family Proceedings) Court.
Application can be made for a child under 18 years of age for the following:
periodical payments, secured periodical payments and lump sum payments, settlements of
property or transfer of property. Where a child is over 18 and is undergoing education or
training, or where there are special circumstances and there is not in force a periodical
payments order immediately before the child reached the age of 16.
(a) & (b) The Courts also provide for maintenance for spouses and children, children, spouses
only and other family members under various legislation.
Matrimonial Causes Act 1973 sections 23,24A, 27 and 10(2)
On granting a decree of divorce, nullity of marriage, or a judicial separation the court may
make an order for periodical or lump sum payments for either party of the marriage and for
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