a) Spousal Maintenance:

Spousal maintenance may be required if one party is not able to meet their own income needs after divorce. Thew court may look to assisting a party to adjust to independence avoiding undue hardship particulalry if children are involved. It may take time for a party to build up their own earning capacity.

When deciding the quantum of spousal maintenance, the court will assess income, benefits and child maintenance.

The court will usually set spousal maintenance for a fixed term.

Either party can apply to the court to vary the quantum and term of the spousal maintenance if there is a significant change of circumstances.

The court has a duty to consider whether there can be a clean break and where possible a party may capitalise spousal maintenance into a lump sum order. There may be a discount on a lumpsum payment.

Re-marriage of the party receiveing spousal maintenance automatically brings it to the end.

b) Child Maintenance:

The child maintenance service ("CMS"), and not the family court, has jurisdiction to make an assessment of child maintenance when the child concerned and parents are habitually resident in the UK and come under (s 44(1) of the Child Support Act 1991 ("CSA 1991")).

However, there are limited circumstances in which the court can still make an order for child maintenance:

a) Where the CMS does not have jurisdiction

If the child or one of the parents is not habitually resident in the UK, the CMS will not have jurisdiction and the court is able to make orders for child maintenance. There are limited circumstances where the non-resident parent is not habitually resident in the UK, but it still remainss within the child maintenance scheme – i.e if they are employed by the civil service, are a member of the military or employed by a company registered under the Companies Act.

b) In agreement by both parties.

The court may make an order for child maintenance if the terms are negotiated and agreed by the parties, (s 8(5)(b), CSA 1991). However, this is only effective for a limited period of 12 months, beginning with the date of the order, after which either party can apply for a CMS,

c) Where there has been a maximum CMS assessment

Where the CMS has provided a maximum assessment, the court can make an order to "top up" the child maintenance (see s 8(6), CSA 1991). (Dickson v Rennie [20141 EWHC 4306, [20151 2 FLR 978).

The maximim assessment is where the gross income of the paying party is over £3,000 per week (or £156,000 per year) (As of Jan 2024)

It is possible to make an application for a top up whilst awaiting a maximum assessment, but the court would not be able to adjudicate on the application until the maximum assessment has been made. If necessary, an application to adjourn the claim for top-up maintenance can be made to allow for the maximum assessment. The court has the power to backdate a top up order to six months before the application (H v C [20091 EWHC 1527 (Fam), [20091 2 FLR 1540)

d) Where the order is for educational expenses or costs associated with a disability

Pursuant to ss 8(7) and 8(8) of the CSA 1991, the court retains jurisdiction to make school fees orders and to make orders associated with a child’s disability.