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I pay child maintenance and half of my children’s private school fees to my ex-partner but I have been placed on Furlough, with no top-up from my employer, so my income has dropped significantly. Is there anything I can do?

a. You should first try and discuss this with your ex-partner, either directly or through a Solicitor, to see whether an amicable agreement can be reached.

If you contribute to private school fees voluntarily, it is a matter for you and your ex-partner to resolve the issue with the school, depending whose name is on the bills. You may need to speak to the children’s school to see whether they can offer any reductions or remedies in relation to those payments. If you contribute to the school fees as part of a Court Order, you will need to ensure you do not breach the Order and you may need to consider applying for a variation of the Order if you can no longer afford the payments or reach a compromise agreement with your ex-partner.

You can use the Child Maintenance Service (CMS) calculator (https://www.gov.uk/calculate-child-maintenance) to recalculate your child maintenance obligations using your amended income. This recalculation can then be used in your discussions and you can formally instruct the CMS to verify that calculation if you and your ex-partner cannot reach an agreement about it. If you have already formally involved the CMS, they do carry out an annual review of child maintenance payments, however, they will also recalculate payments outside of the review period where there has been a change in income of 25% or more. We expect the CMS will be experiencing a high volume of enquiries at the present time so anticipate there may be delays in them assisting.

The position on child maintenance payments included in a Court Order are slightly more complicated and how you approach this will depend on how much time has passed since the date of the Order.

Related FAQs

The Government

Government’s Covid-19 landing page

https://www.gov.uk/coronavirus

Covid-19 recovery strategy

https://www.gov.uk/government/publications/our-plan-to-rebuild-the-uk-governments-covid-19-recovery-strategy

Working safely during Covid-19

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

Working safely during Covid-19: construction and other outdoor work

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/construction-and-other-outdoor-work

Working safely during Covid-19: factories, plants and warehouses

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/factories-plants-and-warehouses

Working safely during Covid-19: labs and research facilities

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/labs-and-research-facilities

Working safely during Covid-19: offices and contact centres

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/offices-and-contact-centres

Working safely during Covid-19: other people’s homes

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

Working safely during Covid-19: restaurants offering takeaway or delivery

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/restaurants-offering-takeaway-or-delivery

Working safely during Covid-19: shops and branches

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/shops-and-branches

Working safely during Covid-19: vehicles

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/vehicles

Business support: loans, tax relief and grants for businesses, employees and self-employed people

https://www.gov.uk/coronavirus/business-support

Education and childcare

https://www.gov.uk/coronavirus/education-and-childcare

Housing and accommodation: renting: guidance for landlords, tenants and local authorities

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities

Housing and accommodation: moving home

https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak

Housing and accommodation: planning inspections

https://www.gov.uk/guidance/coronavirus-covid-19-planning-inspectorate-guidance

Healthcare workers, carers and care settings: NHS guidance for people working in healthcare

https://www.england.nhs.uk/coronavirus/

Healthcare workers, carers and care settings: PPE hub

https://www.gov.uk/government/collections/coronavirus-covid-19-personal-protective-equipment-ppe

Healthcare workers, carers and care settings: adult social care guidance

https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance

Healthcare workers, carers and care settings: shielding and protecting people who are clinically extremely vulnerable

https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Healthcare workers, carers and care settings: adult social care guidance

https://www.gov.uk/government/collections/coronavirus-covid-19-social-care-guidance#guidance-for-unpaid-carers

Healthcare workers, carers and care settings: health, care and volunteer workers parking pass and concessions

https://www.gov.uk/government/publications/covid-19-health-care-and-volunteer-workers-parking-pass-and-concessions

International travel and immigration: travel advice for British citizens travelling abroad

https://www.gov.uk/guidance/travel-advice-novel-coronavirus

International travel and immigration: foreign travel advice for each country

https://www.gov.uk/foreign-travel-advice

International travel and immigration: waiting to return to the UK

https://www.gov.uk/guidance/coronavirus-covid-19-staying-where-you-are-if-you-cannot-return-to-the-uk

International travel and immigration: essential international travel guidance

https://www.gov.uk/guidance/coronavirus-covid-19-essential-international-travel-guidance

International travel and immigration: advice for UK visa applicants and temporary UK residents

https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

Government’s financial support for businesses

This page help businesses find out how to access the support that has been made available, who is eligible, when the schemes open and how to apply.
https://www.businesssupport.gov.uk/coronavirus-business-support/

Rishi Sunak

The Twitter feed of the Chancellor of the Exchequer, where he has published various responses to some FAQs from the public.
https://twitter.com/RishiSunak

What can I do as an employer if employees are known to be breaking the National Lockdown rules?

This will depend on the particular facts and the employee’s circumstances but an employee should co-operate with the employer so far as is necessary to enable compliance with any statutory duty or requirement relating to health and safety.

In addition, conduct outside of work can result in an employee’s dismissal if the conduct pertains to the employment relationship. If an employee breaches the lockdown rules and it affects their ability to work, such as it being no longer safe for them to attend work, or the reputation of the employer, these may be grounds for disciplinary action and subsequent dismissal.

I have recently bought or sold a business. How will earn outs and deferred consideration be affected by coronavirus?

A common feature of corporate acquisitions is that part of the consideration is paid on deferred terms or by way of earn out over a period of years following completion. Where deferred consideration is payable, this is either on the basis that outstanding payments will be made on scheduled dates or, less usually, subject to certain agreed (typically financial) objectives being met. These objectives almost always relate to a period before completion of the deal and are dealt with as part of a completion accounts mechanism.

Can I force ways of reducing employment costs onto the workforce?

Some of these can be implemented by you, some need agreement or consultation and some depend on the wording of contracts. We’ll explain more in relation to each option.

Can construction work be undertaken outside of any permitted hours to make up for site closures?

Many planning permissions contain a condition restricting the hours within which a developer can carry out construction work or are subject to an approved construction management plan setting out the permitted construction hours.

The Business and Planning Act 2020 entered the statute books on 22 July 2020. Section 16 of the Act incorporates a new S.74B into the Town and Country Planning Act 1990. The effect is that any condition/approved document which limits construction hours on a site could be amended through an application to the local planning authority. The application to the local planning authority must set out the date on which the proposed extension to construction hours shall cease (such date being no later than 1 April 2021, after which the original conditions over construction hours will resume). The local planning authority must determine the application within 14 days (beginning with the day after the application was submitted) otherwise there is deemed approval.

New guidance has been published alongside the Act and is available here