Under UK law, both parents are responsible for the living costs of their children, even when one parent no longer lives with them. Understanding child maintenance is crucial for any parent going through a separation or divorce. It ensures that both parents have peace of mind by meeting the child’s financial needs.
By knowing the basics of child maintenance, you can make informed decisions and ensure the best outcome for your child. In this article we cover:
What is child maintenance?
Child maintenance, also known as child support, is an agreement between parents to provide financial support for their children. The non-resident parent typically pays it to the parent who has the main day-to-day care of the child. Child maintenance is for children under 16, or under 20 if they are in full-time education up to A level.
Determining child support payments can be a difficult and time-consuming process, especially during a divorce or separation. A child maintenance solicitor can support and advise you throughout the process.
How is child maintenance calculated?
Child maintenance payments are usually based on the income of the parent who does not live with the child. The amount also depends on the number of children they financially support. The Child Maintenance Service (CMS) uses a formula to calculate the amount of maintenance that should be paid. This formula ensures fairness and consistency for everyone.
This method calculates payments based on the non-resident parent’s finances and the child’s needs. You can include extra costs, like travel expenses for visiting the child, in the child support payment calculation.
You can apply for a āspecial expenses variationā for the cost of keeping up regular contact with a child or children you are paying child maintenance for ā for example, the cost of fuel to travel between your home and the childās home (must be at least Ā£10 a week).
The amount of child support can change if the parent’s income changes significantly. You should seek advice from a child maintenance solicitor if any changes in circumstances arise.
What does child maintenance cover?
Child support payments cover basic living costs for the child, such as food, clothing, and housing. These payments help with the child’s daily needs. They are also intended to ensure that the child’s quality of life remains consistent after their parents separate or divorce. Child support can include more than just the basics, like childcare, school fees, and medical expenses if agreed.
The parent with care may request additional support with costs associated with items such as school uniforms, supplies or trips, but fulfillment of these requests are at the discretion of the paying parent.
How is child maintenance paid?
Parents can pay child maintenance in two ways – directly between themselves through a family-based arrangement or through the CMS.
Parents can agree on a private arrangement for child support. The parent who doesn’t live with the child will pay an agreed amount to the parent who has primary care.
If parents cannot agree on maintenance payments, then they can opt to use the CMS to manage payments. The CMS will collect payments from the non-resident parent and then pass them on to the parent with main care. They will also act if the non-resident parent fails to pay. However, there are fees involved with using CMS.
What is a family-based arrangement
A family-based arrangement is an agreement that parents can come to between themselves without involving the CMS. Family-based arrangements can provide more flexibility and may cost less than going through the CMS process.
Since they are not legally binding, they provide less protection and usually need parents to be on good terms to agree.
This method often requires a high level of cooperation and trust between the parents. A child maintenance solicitor can provide helpful advice to make sure the family agreement is best for the child. They can also assist in modifying an existing agreement.
When parents can’t agree on how much to pay, either parent can apply to the CMS for an assessment.
How much child maintenance should I pay?
The CMS can calculate the amount of child maintenance payments that the non-resident parent will need to pay. The CMS will consider numerous factors, which will vary from person to person, and will include:
Ā· Gross weekly income
Ā· Any benefits that you might receive
Ā· If you are paying maintenance for any other children
Ā· How many times a year do the children stay overnight with you
Typically, child maintenance is 12% of your gross weekly income. If the basic rate applies, the CMS guidelines state that the non-resident parent should pay 12% of their gross income for one child. The maintenance payments are then reduced by one seventh for each night the child spends with the non-resident parent each week.
This percentage is dependent on the paying parentās income, the number of children who the paying parent must pay child maintenance for and any family-based arrangements, and a deduction applies to this weekly amount of child maintenance depending on the average number of āshared careā nights a week (how many nights the children spend in the paying parentās care) if applicable.
Use online calculators, like the government’s, to figure out a fair amount for voluntary payments in a family-based agreement.
What happens if a parent refuses to pay child maintenance?
If the agreement is made through the CMS, the CMS can take legal action and enforce measures to collect any outstanding payments.
If the parents have agreed on their own financial arrangements, you should seek legal advice from a child maintenance solicitor.
When does child maintenance stop?
Child maintenance stops when:
Ā· The child reaches the age of 16
Ā· Or 20 if they are in full-time education or training
However, this is not a one-size-fits-all rule, and there can be exceptions based on specific circumstances.
The law recognises that some children with special needs may need financial support as adults. Child maintenance payments can help provide this assistance. In some cases, such as if the child has a disability, payments may continue beyond the age of 20. Where there are expenses relating to a childās disability, such as carers or an adapted home, the court can make a freestanding or top-up order to support with these costs.
Can child maintenance be reviewed?
Parents can review child maintenance arrangements if there is a significant change in circumstances. This can include:
Ā· A change in income – If there is a significant change in the income of either parent, it may warrant a reassessment of child maintenance payments
Ā· A change in living arrangements – If the childās living arrangements change, such as them moving in with the paying parent or going to live with a third party, it can impact the child maintenance calculation
Ā· The number of children the non-resident parent is responsible for
Ā· The number of nights the children spend with the non-resident parent
It’s important to update the child support agreement to make sure it’s fair and provides enough support. If any changes happen that may affect child support payments, or the terms of a family-based agreement are needed, you should contact a child maintenance solicitor.
How to calculate child maintenance
If you are dealing with child maintenance amicably and are opting for a family-based agreement, you can use the Child Maintenance Calculator to get an idea of the amount of maintenance to be paid. A child maintenance solicitor can advise you on the terms of a family-based agreement and can advise you on your rights.
If you cannot agree on the terms, then either parent can contact the CMS.
Child maintenance number
You can contact the Child Maintenance Service by calling 0800 171 2345
How a child maintenance solicitor can help
Our child maintenance solicitors can help you arrange child maintenance payments and determine the appropriate amount for maintenance payments. They can also help determine which expenses to include and explain your legal rights. Additionally, they can assist in modifying existing agreements and resolving any issues that may arise if payments stop.
You can email Howells to make an appointment at [email protected] or call us:
Sheffield: 0114 249 66 66
Barnsley: 0122 680 51 90
Rotherham: 0170 936 40 00
Personal Injury
Children Law
Civil Liberties & Inquests
Claims and Complaints Against the Police
Criminal Defence
Family Law
Medical Negligence
Motoring Offences
Conveyancing
Wills, Trust & Probate
