This article will discuss a number of questions asked with regards to dealing with divorce and children.

Every separation and divorce has unique factors that must be determined in that case. As a result it is common to have specific questions asked with regards to a specific separation and divorce process. This article will discuss a number of questions asked with regards to dealing with divorce and children.

Some frequently asked questions with regards to divorce and children and the appropriate answers include the following:

1. How can I stop my ex’s new partner replacing me in my children’s eyes?  While this question may not be a cause for a legal issue the basic answer is to maintain regular contact with your children. However, it is important to realise that despite such regular contact this will not prevent your child from forming an emotional attachment to the new partner. That being said it is important to focus on your own relationship with a child rather than competing with the new partner. There are however some legal issues that may arise due to the existence of a new partner for a child living with one parent. One such issue is that of changing a child’s surname. If this is the case a non-resident parent can object to the name change and can take court action to stop this. However, as with all decisions made with regards to children, the court will base their decision on what is in the best interest of the child. But it is not common for the court to allow the change of name.

2. How are maintenance payments for my children worked out when we separate or divorce? Generally, it is expected for families to make their own private arrangements for child support. However, if this is difficult the Child Maintenance Service can usually provide assistance. Such assistance includes that of working out what payment is due but not getting involved in the collection or enforcement of such payments. This option is appropriate for parents who cannot agree on how much should be paid. Another option provided by Child Maintenance Service is by getting involved in enforcing the payments, however, there are fees associated with using such a service. It must be noted that the Child Maintenance Service has a formula for calculating the amount of maintenance that the non-resident parent must pay to support children. The basic rate applies for a gross weekly income between £200 and £800 and the formula is: -

- for one child 12%
- two children 16%
- 3 or more children 19%.

Where income is from £800 to £3000 a higher ‘basis’ plus rate applies and where the non-resident parent has a low income or is on benefits, reduced rates apply. In addition, the amount can be reduced where the non-resident parent has other children to support or extra costs. Some circumstantial issues can result in reducing the amount of child support. For example, if a child spends more than one night a week with the non-resident parent. For a general idea of the child support amount to be paid use the child maintenance options calculator.

For legal advice and representation contact family solicitors in Lancaster.