Child and Spousal Maintenance Solicitors

Separation and divorce bring enough emotional strain without the added weight of financial uncertainty. Whether you need ongoing support for yourself or want to make sure your children are properly provided for, understanding your entitlement to maintenance is a vital first step.

At CWJ, our specialist child and spousal maintenance solicitors are here to guide you through the process with clarity and care. We will help you understand what you are entitled to, negotiate a fair arrangement, and represent you in court if necessary.

From the moment you contact us, we will keep you fully informed in plain English, so you can make important decisions with confidence.

Our solicitors can assist with…

Our family law team has extensive experience helping clients with all aspects of child and spousal maintenance, including:

• Advising on your entitlement to spousal or child maintenance
• Negotiating maintenance arrangements without court proceedings
• Disputes involving the Child Maintenance Service (CMS)
• Court applications for maintenance outside CMS jurisdiction, including school fees
• Enforcing maintenance payments where your former partner fails to pay

Speak to our solicitors in Orpington, Kent

Our experienced family law team is here to help you secure the financial support you and your children need. Call us today on 01689 887887 or fill in our simple enquiry form to discuss your situation. We are based in Orpington and proudly serve clients across Kent and the surrounding area.

What is spousal maintenance?

Spousal maintenance is regular financial support paid by one spouse or civil partner to the other after separation or divorce. It is sometimes called alimony and is formalised through a periodical payments order.

Where a full award is not appropriate but one party wants to preserve the option for the future, a court may make a nominal spousal maintenance order, typically a token payment of £1 per year, keeping the right to apply for a greater sum if circumstances change.

What is child maintenance?

Child maintenance is the financial contribution a non-resident parent makes towards the costs of raising a child. Both parents have a legal obligation to support their children financially, regardless of their relationship with each other. Arrangements can be agreed privately, managed through the CMS, or set out in a court order.

Who is entitled to spousal maintenance?

Spousal maintenance is available to married couples and civil partners following separation, divorce, or dissolution of a civil partnership. It is not automatic; a court will weigh a range of factors before making an award, including:

• Each party’s income, earning capacity, and financial needs
• The standard of living enjoyed during the marriage or civil partnership
• The length of the marriage or civil partnership
• Any physical or mental disabilities affecting either party
• Contributions to the family, including caring responsibilities

How is spousal maintenance calculated?

There is no fixed formula for calculating spousal maintenance in England and Wales. Courts have broad discretion and will consider all relevant circumstances, including the financial needs of the receiving party, the paying party’s ability to meet those needs, any income disparity between the couple, and whether the receiving party can realistically become financially self-sufficient.

How much spousal maintenance will I receive or pay?

Because there is no standard formula, amounts vary widely from case to case. A court will weigh the realistic needs of the party applying against the resources and outgoings of the paying party, and will consider whether a time-limited order is more appropriate than an open-ended one. Our solicitors will assess your individual circumstances and give you a clear, honest picture of what to expect.

How long does spousal maintenance last?

The duration depends on the type of order made. A term order sets a fixed end date, giving the receiving party time to achieve financial independence. A joint lives order continues until one party dies, the receiving party remarries, or the court varies or discharges it. Courts are increasingly reluctant to make long-term open-ended orders where the receiving party has the capacity to become self-sufficient.

Child maintenance: CMS or court order?

The CMS calculates and enforces child maintenance for most families using a formula based on the paying parent’s net income. However, a court order is more appropriate where:

• The paying parent’s income exceeds the CMS calculation threshold
• One parent lives abroad
• The child has special needs requiring additional financial support
• The arrangement needs to cover school fees or other costs outside the CMS formula

Our solicitors can advise whether the CMS or an application under Schedule 1 of the Children Act 1989 is the right route. For related support, please visit our children’s issues page.

How we handle child and spousal maintenance claims

At CWJ, our approach is built around achieving the best outcome for you with the minimum of conflict. Where possible, we will negotiate a fair arrangement through constructive dialogue, helping you avoid the cost and stress of contested proceedings. We also offer mediation and alternative dispute resolution as a practical alternative to court.

Our family law team is ranked by Chambers & Partners, reflecting the depth of expertise we bring to every case. For related services, including division of assets and prenuptial and postnuptial agreements, please visit our family law pages.

Our solicitors’ fees

We are transparent about fees from the outset. You will receive a clear breakdown of likely costs before your case begins, with no unwelcome surprises at any stage. To discuss costs, call us on 01689 887887 or complete our enquiry form.

Frequently asked questions about child and spousal maintenance

Can spousal maintenance be avoided with a clean break order?

Yes, in some cases. A clean break order provides a final financial settlement, ending all future maintenance claims and giving both parties certainty. However, it is not always appropriate, particularly where there is a significant income disparity or one party’s caring responsibilities limit their earning capacity. Our solicitors will advise whether a clean break is realistic in your circumstances.

Does spousal maintenance end if I remarry or cohabit?

Remarriage automatically ends a spousal maintenance order and you cannot apply to reinstate it. Cohabitation is more nuanced; whether living with a new partner affects payments depends on the terms of your order. Courts can vary or discharge an order if the paying party demonstrates that cohabitation has materially reduced the receiving party’s financial need.

When does child maintenance stop?

Child maintenance generally stops when a child turns 16, or at 20 if they are in full-time, non-advanced education such as A Levels. A court can order maintenance to continue beyond these ages in certain circumstances, for example where a child has a disability or long-term health condition.

What if my ex-partner does not pay maintenance?

Several enforcement options are available. If payments are managed through the CMS, it can apply enforcement powers including deductions from earnings or bank accounts. For court orders, you can apply for an attachment of earnings order or a charging order against property. Our solicitors will advise on the most effective route and help you take swift action.

Can child maintenance cover school fees?

The CMS does not include private school fees in its calculations. However, you can apply to the court under Schedule 1 of the Children Act 1989 for an order requiring the non-resident parent to contribute to educational costs, either alongside a CMS assessment or as a standalone application.

What is the difference between the CMS and a court order for child maintenance?

The CMS handles most standard cases using a set formula based on the paying parent’s net income and can enforce non-payment on your behalf. Court orders are needed where the paying parent’s income exceeds the CMS threshold, where a parent lives abroad, or where the arrangement must cover additional costs such as school fees or disability-related expenses.

Speak to our solicitors in Orpington, Kent

Our experienced family law team is here to help you secure the financial support you and your children need. Call us today on 01689 887887 or fill in our simple enquiry form to discuss your situation. We are based in Orpington and proudly serve clients across Kent and the surrounding area.