Maintenance Orders: Imposing Financial Responsibility on Parents

What is a Maintenance Order?

Traditionally, maintenance orders impose necessary financial paternal responsibility for a child to be paid to the child’s mother. However in today’s more complicated family units, the more preferable explanation would be that the parent with the main everyday care responsibilities of the child are to receive child maintenance from the non-resident parent who doesn’t have the main everyday care responsibility for the child. A private agreement can be made between parents meaning that a maintenance order is unnecessary, where such an amicable arrangement cannot be met, the Child Support Agency can be of assistance to arrange child maintenance.

Child Support Agency (CSA)

The Child support agency is an enforcing body in the UK that can be contacted when a private mutual agreement over child maintenance cannot be arranged. Ordinarily where the non resident parent would provide financial support directly to the resident parent (often the child’s or children’s mother), the non resident parent would receive a maintenance order to pay child support to the Child Support Agency, who in turn pay it to the resident parent. The CSA has the power to do this through The Maintenance Orders (Reciprocal Enforcement) Act 1972.

Reciprocal Enforcement of Maintenance Orders (REMO)

Reciprocal Enforcement of Maintenance Orders or REMO is a practice facilitated in the UK through The Maintenance Orders (Reciprocal Enforcement) Act 1972. REMO refers to the process wherein UK court generated maintenance orders are registered and enforced on the non-resident parent by authorities and courts in foreign countries. Due to the REMO procedures being governed internationally, maintenance orders can be made against UK residents in favor of a foreign party. (Counties vary in status within the international convention, and the availability of REMOs depends on whether or not the country is a signatory).

The CSA and Enforcing Maintenance Orders

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For more information on:

  • Charging Orders
  • Attachment of Earnings
  • Garnishee Orders
  • Freezing Injunctions
  • Judgment Summons