Understanding Child Maintenance in Guernsey
When parents separate, one of the key considerations is ensuring that children continue to receive appropriate support. In Guernsey, child maintenance can be arranged either privately or through the courts. Understanding your options is vital for both parents.
What is Child Maintenance?
Child maintenance is financial support paid by one parent to the other, or to the child, to help with the costs of raising a child. It can cover expenses such as food, clothing, housing, education and healthcare.
Private Agreements
Many parents in Guernsey choose to make a private arrangement. These informal agreements can work well where there is good communication and trust. They offer flexibility and avoid the need for court involvement. However, it’s wise to record the agreement in writing to help avoid disputes later.
Parents may, however, apply to the Court for a maintenance order.
Court-Ordered Maintenance
If parents cannot agree whether child maintenance should be paid and/or the quantum of payments, the Court can determine the issue. The court will consider a number of factors, including:
- the needs of the child
- the income and financial circumstances of each parent
- any special circumstances, such as disability or education requirements
Court-ordered maintenance is legally binding, and non-payment can have serious consequences.
Maintenance is frequently ordered until a child reaches the age of 18 or ceases full-time education, whichever is the later. In certain circumstances, we consider a limp sum to be capitalised maintenance rather than having a weekly or monthly figure.
Enforcement
If a parent fails to pay court-ordered maintenance, enforcement action can be taken. This might include:
- a wage arrest (where payments are taken directly from wages)
- seizure of assets such as monies in a bank account
- in some cases, imprisonment for persistent non-payment
Changing a Maintenance Order
If there is a significant change in circumstances – such as a change in income, job loss, or the needs of the child – it may be possible to vary a maintenance order. Either parent can apply to the court to have the terms reviewed.
Supporting Families in Guernsey
Every family situation is unique, and child maintenance can be a complex and emotional issue. At Randell & Loveridge, we offer clear, practical advice to help you understand your rights and responsibilities, whether you’re seeking a new agreement or need support with an existing one.
If you’d like to speak with one of our experienced team, we’re here to help.