Austin Chessell, How to receive child maintenance through Family Mediation quickly, maintain communication with your former spouse or partner whilst also avoiding the proposed government fees ?
Posted on September 5, 2011
It was reported in the news today that new charges could come into effect to reform the child maintenance system. If the disputing couples can not resolve what maintenance should be paid it will cost a fee of £100 for those in work, £50 for people on benefits and £20 for those in acute financial need.
Even if you apply through the CSA which is a current arm of CMEC for maintenance there is £3.8 billion of child maintenance which remains unpaid. There are therefore sometimes difficulties or a long wait for the claimant receiving their maintenance after an application is made.
It is hoped that more people will attempt Family Mediation to resolve any maintenance disputes.
Another benefit of mediation is that if circumstances do change then the agreement can be reviewed with the mediator at a later date. This can help to maintain communication between the parties which is important especially if there are young children as part of the relationship.
In my experience if an agreement for maintenance is reached in mediation then a standing order by the paying spouse can be set up quickly. This could potentially be a lot quicker than waiting for CMEC to set up the payments to you on top of the work involved on each file.
Mediation can also be used to resolve the division of other financial assets of the marriage e.g. the former matrimonial home whilst also dealing with children issues such as contact and residence.
It is possible to agree maintenance in one session in mediation. If there are a lot more financial issues to consider as well as children matters there tend to be 2 – 6 joint sessions on top of the initial individual meetings.
There are cases where mediation would not be suitable e.g. if domestic violence is present or if there is a power imbalance. The mediator would screen for such situations at the initial meeting.
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