Child Maintenance in Gibraltar
How much is it reasonable that a parent should pay towards the upbringing and general welfare of his or her child/ren? Using a reasonable, practical and sensible approach, parents could agree the sum between them. If they have lived together and been open about the family income and expenses, then each should be aware of whether one parent’s claim of expenses for the child/ren is fair. As children grow older, their needs (and therefore expenses) change. Maintenance should therefore be reviewed annually. Although there are exceptions, for example if you are unemployed and no longer receiving unemployment benefits, you are medically retired, or if you are very poor and live off social benefits / assistance, you will be expected to pay a reasonable sum of maintenance for your child/ren.
If parents cannot agree, either parent may apply to the court for its decision under the Gibraltar Children Act 2009, Part VII. The court takes several factors into consideration when deciding how much money it should order be paid. Assuming both parents have parental responsibility for their child/ren and parentage is not in question, calculating child maintenance is relatively straight-forward; based upon each parent’s property, assets, income and what reasonable expenses you each have.
The court will also need to know whether the residence of the child/ren is shared equally by the parents, or how much contact time the non-resident parent enjoys with the child/ren per week.
The court will look to each parent’s essential living expenses; for example mortgage or rental payments, endowment policies, rates, service charges, food and toiletries, electricity and water bills. Clothing, shoes, medical and dental bills (if the latter is reasonably incurred) are also taken into account. There may be other expenses for example loan or visa card repayments, however the court will investigate when and for what purpose these debts were incurred and whether extending the repayment term and thus reducing monthly repayments means more disposable income can become available for the child/ren? Others expenses include for pocket money, birthdays, religious holidays, school holidays, maintenance and running costs of vehicles, satellite TV fees and so on.
As to the child/ren’s expenses, these will also include uniforms, school trips, extracurricular activities (football, ballet, cubs etc), lessons (if the child requires further support), educational items such as a computer, access to internet for school coursework, and so on. Children will grow out of their shoes, clothes and uniforms during the year and replacement items become necessary on a more regular basis than for adults. The court will also consider the essential and reasonable expenses of any other children of the each parent from another relationship, living with him or her.
The court will consider whether your new partner or spouse has an income and you are living together and thus sharing the household expenses.
You can apply to have your maintenance reviewed usually after a reasonable period of time or if there is a significant change in your personal or financial circumstances. For example, if you remarry, have a new baby, lose your job, go onto social assistance, move home, these are legitimate reasons which may affect your disposable income and the level of child maintenance payable by you.
It is important to be aware of the effects on both you and your child/ren when you are planning or have suffered any significant life change.
When Does Child Maintenance End?
You owe child maintenance until your child is 16 years old. If you have several children and one is over 16 and the rest are not, you still owe child maintenance for the child/ren who are under age 16.
If, however, the child wishes to remain in fulltime education maintenance will continue up to the date the child finishes fulltime education, which could be age 17, up to age 21 if attending tertiary education at university or college.
Having reached the age of 21, however, the court may, in its discretion, order that child maintenance continue beyond the age of 21 depending on whether he remains in fulltime education or training.