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Child Maintenance and Other Payments Act 2008

Commentary on Sections

Part 3 – Child Support etc.

Maintenance calculations

Section 16: Changes to the calculation of maintenance

112.This section introduces Schedule 4 which amends legislation regarding how maintenance calculations are performed. Changes to how maintenance is calculated include:

  • A move from using net to using gross weekly income to determine maintenance liability. Information required to calculate maintenance will be taken directly from HMRC instead of the non-resident parent.

  • Changes to the percentages used to calculate basic rate maintenance.

  • Treating certain existing child support maintenance obligations which fall outside of the statutory scheme, as though they were within the scheme, for the purposes of calculating liability.

  • An increase in flat rate maintenance from £5 to £7 per week.

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