Financial Relief
What is financial relief?
Financial Relief is the term used to cover a court order which aims to provide financial support to a child, or to a person looking after a child for the benefit of the child.
The most common types of orders are:
| Order | Description |
|---|---|
| Periodical payments | This is an order to a person to pay either to the applicant for the benefit of the child, or to the child, a set amount at certain intervals (weekly, monthly). |
| Secured periodical payments | This is an order to a person to pay either to the applicant for the benefit of the child, or to the child, a set amount at certain intervals (weekly, monthly) but includes the court ordering that the payments be secured against something in the event of failure to pay. The security may be something such as property, or stocks or shares. |
| Lump sum payment | This is an order by the court to a person to pay the applicant for the benefit of the child, or to the child, a lump sum. |
The Senior Magistrate, and Chief Justice, may also make orders about property for the benefit of the child.
How is maintenance calculated?
There is no set amount for maintenance, the court will consider:
- the income, earning capacity, property and other financial resources of any parent of the child;
- the financial needs, obligations and responsibilities of any parent of the child;
- the financial need of the child;
- the income, earning capacity (if any), property and other financial resources of the child;
- any physical or mental disability of the child;
- the manner in which the child was being, or was expected to be, educated or trained.
The practice of the Family Proceedings Court has been to use the child maintenance calculator of England and Wales as a basis for calculating rates of maintenance in the Falkland Islands.
What if payments are missed?
If payments are missed, it is possible to enforcement the court order by complaint.
For more information, please contact
the Courts & Tribunals Department
You’ll find our office hours, location, and full contact details below.