MaintenanceAssist FAQs

Q. If I am in the middle of a divorce at the moment, when should I think about taking out NewStart?
A. You can start the process right now. If you get a quote we can assess how much NewStart will cost you. It doesn't matter that you haven't yet agreed maintenance with your former partner - You can still get a quote. You will then know roughly how much NewStart will cost when your financial arrangements are finalised.

Q.What is maintenance?
A.Maintenance is the monthly payments that are made following divorce (or separation). The amount will depend on the financial circumstances of the former partners, and where the children live. Maintenance can be for supporting the children and/or for helping support the income of the lower paid partner and may also cover school fees. Normally the maintenance is for matter of negotiation and agreement during the divorce process. The details of the maintenance are usually set out in a legally binding Consent Order. Alternatively child maintenance can be calculated, based on a rigid formula, and enforced by the Child Support Agency if no agreement can be made or if the parents were not married. The Child Support Agency route is less flexible, however, and no insurance cover is available under NewStart.

Q.What is a Consent Order?
A.Essentially it is a legally binding agreement which sets out the financial arrangements that you have agreed with your former partner. It can be drawn up by your family solicitor or fixed price packages are available on websites such as Wikivorce or Divorce-online. It can deal with the division of money, property etc and will also detail the amount of maintenance to be paid for you and the children. They are normally drawn up during the divorce process but can also be drawn up for parents who were not married. The Consent Order acts as a contract between yourself and your ex. If your ex breaks the agreement you can go back to court to enforce the agreement.

Q.Is the cost of NewStart fixed for a given level of maintenance or can I expect the price to go up over time?
A.Most people will receive maintenance for around ten years. We build this into our calculations for age and inflation. We don't want you to have any increase in cost from year to year but we cannot rule out events beyond our control. If we were to put premiums up, we would tell you well in advance and you would be able to cancel cover if you wished.

Q.I am not sure whether NewStart is suitable for me. What if I buy it but then don't want to continue?
A.We are confident that you will find NewStart is an excellent product that will meet your needs. You will pay for it monthly and if you want to cancel the cover, just let us know and we will stop debiting your account immediately. For administrative reasons we will not re-fund part of a months premium. If you decide within the first month of cover that NewStart is not suitable for any reason, you will be entitled to a no quibble refund of your first months payment.

Q.What if I stop paying?
A.The cover will cease automatically 30 days after the last monthly payment was due. You won't get any payments you have made refunded.

Q.If I stop paying for NewStart, can I re-start again at a later date?
A.Yes, you can start again at a later date, but keep in mind that it would be a new application for cover. You would need to prepare a new application submission and it may result in different terms and price. If you want to be confident about your monthly income, you should continue your cover without any breaks.

Q.How much is NewStart likely to cost?
A.Each quotation is calculated on your own individual circumstances and will depend largely on the amount of maintenance payable and the age, nationality, occupation, payment history and health of the maintenance payer. There are two levels of cover to choose from. Click on the Get a Quote button at the top of this page.

Q.What happens if I or my former spouse re-marry or have further children or our finances change?
A.Usually in these circumstances you and your former spouse will have to agree to a change in the amount of maintenance. This may involve your solicitors. If agreement can't be achieved, the court can re-assess the situation and make a decision binding on both parties. Once a change has been agreed, a new Consent Order will be made with details of the new maintenance. You will need to give us details of the changes and NewStart cover and premium will be adjusted accordingly.

Q.Where can I find a family law solicitor?
A.Resolution (formerly the Solicitors Family Law Association), has a database of members online here. Alternatively, Wikivorce also have a database of lawyers here.

Q.I am not married to my partner but we have children and we are separating. Can I buy NewStart?
A.If you have a Consent Order then New Start is suitable for you. Although you are not married you may still organise a consent order. See FAQs for more details.

Q.I am a stay at home father receiving maintenance from my ex. Am I eligible for NewStart?
A.Yes.

Q.I am already divorced and am receiving maintenance from my former husband. Can I buy this cover or is it only available to people getting newly divorced?
A.It is available providing a Consent Order for maintenance is in place or being arranged but you will have to declare any problems you have had receiving maintenance. It is certainly preferable to buy the insurance before you start getting maintenance

Q.I live in Scotland. Is NewStart available?
A.Scottish Law is significantly different to English Law which governs the rest of the UK. At the time of writing, NewStart is only available to protect Consent Orders made under English Law.

Q.If my former partner defaults on the payments he owes me, how quickly will the insurance kick in?
A.As soon as you believe there is a default, you can contact MaintenanceAssist. The insurers will assess the situation and, if appropriate, start debt recovery proceedings or get authorisation for you to get a family law solicitor to investigate and start any legal remedies to get your money to you. Additionally a confidential legal advice helpline operated by Stones Solicitors LLP can put you in touch with a qualified legal adviser who can give you general legal advice on any legal matter relating to your family.

Q.Please tell me more about the MaintenanceAssist legal help line.
A.The Maintenance Assist legal helpline is operated by Stones Solicitors LLP, a Top 200 Law Firm based in Exeter. Stones Solicitors LLP is recognised by the two leading independent directories, Chambers and the Legal 500, as a Leading Practice providing first class advice to both businesses and individuals.

The legal helpline operates from 9.00 am to 5.30 pm Monday to Friday, excluding bank holidays, and is there to provide advice to you on any legal matter relating to family law. The helpline is staffed by a team of experts who specialise in family-related matters, offering practical and clear advice. The team regularly advises on all aspects of relationship breakdown including divorce and separation, matrimonial finance and property, residence and contact arrangements for children, as well as issues around maintenance payments and the Child Support Agency.

The legal helpline is designed to provide generic advice and to provide information as to the options available to you and the next steps. If you need more detailed advice specific to your particular situation, the helpline will point you in the direction of further resources and/or services.

Q.What happens if my former partner can't pay due to redundancy or sickness?
A.Your partner still has a legal obligation to pay. However, if redundancy or sickness means he is unable to pay, the policy will respond once the 30 day waiting period has elapsed and you will receive your lost or reduced income backdated to the first day of unemployment or disability.

Q.My former husband and I still have a good, amicable relationship and I am confident he will pay me my maintenance. Surely I don't need NewStart?
A.Can you be sure he will be able to pay even if he were made redundant or became unable to work through sickness? And what if he were to die? All these eventualities would be covered by NewStart.

Q.What does NewStart offer that I can't get from the Child Support Agency?
A.The CSA has been widely reported as being unable to fulfill a satisfactory levels of service for a number of parents and has a substantial backlog of arrears. A new service called Child Maintenance Options has been launched by the government and further details are available on their website. NewStart will protect any private agreement for maintenance agreed with the court under a Consent Order whereas the CSA works independently of the court system and there is no insurance protection for the child maintenance provided.

Q.I don't know whether to go to the CSA or to make a private agreement?
A. The decision as to whether to make a private agreement or use the services of the CSA may depend on you and your former partners financial position and whether or not you are / were married or civil partners. Much more information is available on the Child Maintenance Options website and from advisers. NewStart protection is only available for agreements where a Consent Order is in place.

Q.Doesn't NewStart undermine the government initiatives to get child maintenance to parents?
A.No. On the contrary, most parents who buy NewStart to help protect their income tend not be involved with any government or benefits service initiatives anyway. The court system has worked independently alongside the CSA successfully for many years.

Q.What about tax?
A.The payments to replace lost maintenance or for legal expenses under the insurance are currently free of tax.