The document provides updates on developments in family law and legal aid. It summarizes changes to the Child Maintenance Service including lower application fees, different payment collection methods, and the formulas used to calculate maintenance payments. It also describes alternatives to the CMS like mediation and independent agreements. The document notes that the first mediation session will be free if one party qualifies for legal aid.

1. Developments in Family Law and Legal Aid that benefit the
people you work with and support.
Welcome to the second edition of our newsletter. We will be bringing you quarterly
updates in relation to Family Law, Mediation and Legal Aid.
Please forward this to your friends and colleagues who may also be
interested in receiving regular updates.
Address:
3-5 South Street
Havant
Hampshire
PO9 1BU
Tel: 02392 492967
Fax: 02392 499349
Mediation Tel: 02392 474040
Email: mail@swainandco.com
Web: www.swainandco.com
24/7 Domestic Violence Helpline
07435 969 798
Business Name
Practical Legal Updates
October 2014 Volume 1, Issue 2
Dispute Resolution Week
SAMANTHA LEE
MEDIATOR
24-28 November 2014
It is unlikely to have gone unnoticed that the emphasis when it comes to family breakdown is now on dispute resolu-
tion and avoiding court proceedings. Dispute resolution encompasses Mediation, the Collaborative process and
alternative ways of reaching agreements together.
The emphasis is on keeping arrangements amicable and ensuring the children's best interests are at the heart of all
agreements.
Out of court settlements also mean:
 Lower costs
 Quicker outcomes
 Less acrimonious
 Agreements are more likely to last
Dispute Resolution Week is designed to draw attention to all the methods of alternative dispute resolution. We want
to jump up and down and shout about mediation and the benefits it brings to parties in resolving disputes. In order
to encourage more people to mediate, we will be offering
FREE INITIAL MEDIATION MEETINGS DURING DISPUTE RESOLUTION WEEK
If you know someone who is thinking about mediation – now is the time to give them a gentle nudge in the mediator's
direction!
To take advantage of DR week, contact Samantha Lee to book a FREE meeting for you or your client between 24-28
November.
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2. Page 2 Practical Legal Updates
Child Maintenance Service
The Child Maintenance Service (formerly the CSA) helps parents set up a child maintenance arrangement between themselves.
The CMS will be different to the CSA, aiming to encourage families to agree their own maintenance arrangements without any court intervention.
Cost of using CMS
To use CMS there will be an application fee of £20. However, if there is evidence that the parent with care is a victim of domestic abuse then this fee will be
waived.
This application fee will allow the service to:
 Check the income of the other parent through the HMRC
 Provide a maintenance calculation and a schedule of payments
 Provide information on how to arrange the payments independently
 Access to your child maintenance account to track when payments are due
 Conduct an annual review
 Provide a collection service when payments are not made
Transferring from CSA to CMS
The CSA will be aiming to have closed all of their current cases by 2018 and will give 6 months notice before they close cases.
If parents have transferred over to the CMS from the CSA and there were arrears that had been built up these will be transferred over and can be enforced
by the CMS.
Using CMS
Before parents can apply to CMS for help securing maintenance, they must first provide evidence that they have used a ‘gateway’ telephone service and
attempted to agree independently.
How maintenance will be collected
There are two ways in which these payments can be made:
1. Through a collect and pay scheme
2. Through a direct payment scheme.
Collect and pay
Collect and pay is a scheme by which the CMS will collect the payment from the paying parent and pass it on to the receiving parent. If the paying parent fails
to make a payment, the CMS will be able to take enforcement action to collect the outstanding payment.
If parents have agreed for the payment to go through the CMS a 20% charge is added on top of the calculated payment. As well as this, the parent receiving
the maintenance payment will lose 4% of the payment.
Direct Payment
A direct payment is where a direct debit will be set up so that the payment will automatically go into the receiving parent's account. If this route is taken then
there is no fee payable. The advantage for the receiving parent of using this service is that this payment is legally binding and any unpaid maintenance can be
collected.
Formula for assessment the payment amount
There are 4 rates of child maintenance that are used to calculate payments.
RatesRates Income per week Maintenance payment
Nil Criteria is met see below £0.00
Flat Up to £100 £5.00
Reduced Between £100- £200 £5.00 + percentage of
income
Basic £200+ Percentage of income based
on number of children

3. Page 3 Volume 1, Issue 2
The percentage that will paid is dependent on:
 The number of children
 The number of other dependent children the paying parent or their partner is receiving child benefit for
Duration of payments and reviews
Once an agreement has been reached through the CMS, the payment will be fixed for 12 months. This is to prevent parents altering the payments as and when they wish
to. However, if either parents' circumstances were to change then one of the parents can apply for a review of the payment. If the CMS believe that it should be changed
than they will accept the application and the payment amount will be changed.
How to apply
The Child Maintenance Options line provides a telephone service to allow either parent to discuss what option would be most suitable.
Once a route has been decided the Child Maintenance Options provide the caller with a unique reference number for the system and a form to be completed. This form
asks for the parents contact details and child’s details. The CMS will then use this information to calculate the applicable rate.
If a family based arrangement has been agreed, the CMS will issue a form that both parents must sign acknowledging that they accept the payment that has been calcu-
lated and the date on which the payment will be made.
If the CMS have carried out the calculation for the parents, they will provide the parents with the payment rate that applies. The parents are to then sign an agreement
to acknowledge this payment schedule. Once the contract has been signed it will become legally binding.
Alternative options
If both parents decide that they do not wish to use the CMS there are other alternatives available, Mediation and independent agreement.
Mediation
This is where both parents will meet in a professional environment with an impartial individual who will help both parties come to an agreement. This is a way for the
parents to come to an agreement in a way that does not involve the CMS or the courts, but does allow them to receive professional guidance in coming to an agreement.
As the mediator is an independent person, they do not provide any advice to either side but instead help to keep the discussion going until an agreement has been made.
Mediation is an effective way for both parents to communicate face to face in a neutral environment and discuss their financial positions together and come to a mainte-
nance agreement that both parents are happy to stick to.
A decision that is made through mediation is not legally binding and either parent is open to pursue a claim through the CMS if it were to break down.
Independent agreement
This is where both parents will discuss maintenance without any professional intervention; they will independently come to the agreement. Using this process there will
be no signed agreement unless both parents decide to make one, it will not be legally binding and there will be no way to make it legally binding unless an order is made
through the courts. By coming to an agreement themselves, the parents will have the ability to change the maintenance if and when their financial circumstances were
to change.
__________________________________________________________________________________________________________________________________________________
Nil Rate
This is where the paying parent does not pay any child maintenance. This will
apply if they:
 Are a student
 Are a prisoner
 Are a child aged 16 or under (or 18 if in full-time education)
 Receive an allowance for work-based training
 Live in a care home or independent hospital
 Are 16 or 17 years old and get certain benefits
Flat rate
This is where the amount paid will be £5 per week regardless of how many
children there are. This rate is applicable if the paying parent is earning be-
tween £5 and £100 per week.
The flat rate is also applicable when the paying parent is on certain income-
based benefits such as jobseekers allowance or pension credit.
Reduced Rate
This is where the amount payable will be £5 plus a percentage of their net
weekly income. This is applicable when the paying parent's income is between
£100 and £200 per week.
Basic Rate
This is where the paying parent will pay a percentage of their net weekly in-
come. This is applicable when they are earning over £200 per week.

4. CHANGES TO LEGAL AID
FIRST MEDIATION SESSION FREE FROM 3 NOVEMBER 2014
Business Name
‘The People’s Lawyers’
Address:
3-5 South Street
Havant
Hampshire
PO9 1BU
Tel: 02392 492967
Fax: 02392 499349
Mediation Tel: 02392 474040
Email: mail@swainandco.com
Web: www.swainandco.com
24/7 Domestic Violence Helpline
07435 969 798
From 3 November 2014 if one party to the relationship is financially eligible for legally aided mediation the first
session will also be free for the other even if their financial position means they would not normally be eligible
for legal aid.
Mediation is increasingly being recognised by the public as a better route to resolve issues arising from the
breakdown of a relationship. The idea of mediation is that separating couples or parties to other family relation-
ships meet with a completely independent and neutral mediator to discuss issues such as the arrangements for
their children or separation of their finances. The hope is that they will reach an agreement to avoid the costs,
acrimony and delay of court proceedings.
From 3 November 2014 a new legal aid scheme is being introduced to try and ensure mediation is available to
more people, free of charge.
Samantha Lee, family mediator, at Swain and Co Family Mediation Service says "more and more people are real-
ising that mediation is a better option for them when relationships break down. The difficulty is that there has to
be a charge for mediation and when clients are struggling with the breakdown of their relationship there are
often money worries which result in difficulties affording mediation even though it is a far cheaper option than
solicitors and the court".
Samantha says "The Legal Aid Agency has always paid for both initial individual meetings when one party has the
benefit of legal aid. I have seen so many people who are keen on the idea of mediation but are reluctant to use
their limited resources for fear that it may not be successful and they would still have to find the money for
solicitors. Now both of them can come to the first joint appointment for free. They will then be able to see wheth-
er mediation will work for them and make an informed decision whether to pay for further sessions if needed.
Some couples find they can resolve the issues between them in one meeting in any event"
The changes in the availability of legal aid come into force on 3 November 2014 and it is hoped will make media-
tion more accessible to everyone. If anyone you are working with is interested in finding out more about media-
tion please call us on 02392 474040 or look at our website at www.whatisfamilymediation.com
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World Cerebral Palsy Day
1 October 2014 was World Cerebral Palsy Day. The day was arranged by a group of charities from across the world. The aim was
simple: to innovate ideas to help those affected by Cerebral Palsy.
Whilst innovation is a year round task, on 1 October 2014 people were invited to celebrate how innovation has changed the lives of
people with CP. Throughout the year people with Cerebral Palsy will post their ideas for how to “change my world in one minute”.
A shortlist will then be drawn of the three best ideas and inventors will be tasked with making these visions a reality. The best
ideas will be announced in July 2015 and the designers will be given a monetary prize but more importantly, it is hoped that their
inventions will go on to be mass-produced so those with Cerebral Palsy can access the products.
In 2013 the winners were an advanced mobility aid and a spill-proof cup.
17 million people worldwide have Cerebral Palsy. It is a lifelong condition. 1 in 4 children with Cerebral Palsy cannot talk, 1 in 3 cannot walk and 1 in 2 has an
intellectual disability. Cerebral Palsy can affect the whole body or just one arm with each sufferer having unique symptoms.
At Swain & Co Solicitors LLP we celebrated World Cerebral Palsy day by wearing green, holding a green-themed bring and share lunch and displaying post-
ers informing the public about the day. All who took part donated towards the day, with proceeds going to the Rainbow Centre – a charity in Fareham which
helps care for severely disabled adults and children, including those with Cerebral Palsy.
For more information visit this link http://en.worldcpday.org/
NICOLA WHITLEY
SENIOR ASSOCIATE
SOLICITOR