With effect from the end of October 2008 the Child Support Agency will no longer exist and will be replaced by the Child Maintenance and Enforcement Commission (CMEC). The principal objective of CMEC is to maximise the number of children for whom there is “effective maintenance agreement”.

Unlike the CSA, CMEC will encourage parents to make their own voluntary arrangements for child maintenance wherever possible.

Claims for income support will no longer be obliged to have maintenance assessed by the new body. CMEC will provide “information and guidance” to parents to assist them to make and manage their own voluntary arrangements through their child maintenance options service (www.cmoptions.org)

The new formula for calculating the basic rate of maintenance has changed and unlike the old scheme is based on gross rather than net income. Where CMEC performs the assessment, information will be provided direct to CMEC by HM Revenue and Customs and should speed up the process.

The New Formula

Where the payer’s gross weekly income exceeds £800.00 for income below this amount, maintenance will be 12% for one child, 16% for 2 children, 19% for 3 or more children. For the income above £800.00 per week, an additional 9% for one child, 12% for 2 children, 15% for 3 or more children. Income over £3000.00 gross per week is ignored, when the non resident parent has an income above this level the parent with care as additional rights to claim top up maintenance through the Court and should take advice.

Existing maintenance assessments under the Child Support Agency remain in force and are not likely to be transferred to the new scheme before 2010. New enforcement procedures, which are intended to be more effective than the CSA are expected to come in to force in April 2009.