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Legal Arrangements for ChildrenA. Principles Which Deal With The Division Of Assets On Separation The Child Support Agency (CSA) formula applies, regardless of whether a couple are married not. An absent parent must pay a percentage of his net income, the level of which varies depending upon the number of dependent children. Net income is usually calculated by reference to the salary, less tax, national insurance and pension contributions. The formula is as follows:-
For each night that the children stay with the absent parent each week, the figure is reduced by one seventh. The maximum relevant net income which can be taken into account by the Child Support Agency is £104,000 per annum. For high-earning absent parents whose income far exceeds £104,000 net per annum, it may be possible to apply to the court for a “top up” order. The court does not have the power to order payment of maintenance to a former cohabitee themselves. In America the concept is known as “palimony” but does not exist in England. By contrast, a dependent spouse (usually the wife) may be entitled to spousal maintenance on divorce in addition to child maintenance calculated in accordance with the CSA formula. The starting point is that a wife may be entitled to maintenance for herself during joint lives, until her remarriage or further order of the court. Whether or not a spousal maintenance order will be made depends upon various circumstances including the following:
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