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01 overview
Child maintenance is a regular payment one parent makes to the other to cover the costs of raising a child. It’s based on factors like income and living arrangements.
Child support isn't usually included in divorce proceedings. However, it's important to make arrangements for the child's living situation and financial support as soon as possible.
In a perfect world, parents would be able to agree on these things themselves. But that is not always the case. When that happens, the Child Maintenance Service can act as a middleman to help.
If you’re in the process of separating and trying to figure out how each of you will contribute financially to your child’s upbringing, our network of experienced family lawyers can guide you through this process, from negotiating amounts and terms with the other parent or dealing with the CMS directly.
At Lawhive, we offer transparent, fixed fees for legal services from the best lawyers in the UK, so you know exactly what to expect and how much it will cost. Contact our legal assessment team to discover how we can help you with child maintenance.
Child maintenance is when a parent gives money to the other parent to help take care of their child. This usually happens when the child lives mainly with one parent.
There are two ways to sort out child maintenance:
The amount of child maintenance required depends on how much both parents earn, how many children they have, and how much time the children spend with each parent.
Paying child maintenance isn’t a choice if your child is under 16 years old (or 20 if they’re in full-time education). If a parent does not pay child maintenance, there can be consequences.
Child maintenance helps with the expenses of raising a child. As such, child maintenance can cover:
You’re legally responsible for paying child maintenance if:
The CMS is a government agency that helps separated parents who can’t agree on child maintenance privately. They:
You can apply for child maintenance if you are a parent with primary custody (i.e. the child lives with you most of the time) or a legal guardian/caregiver responsible for the child’s care and upbringing.
Individuals who aren’t the child’s biological parents but have taken on a parental role (like step-parents or other relatives) may also be able to apply for child maintenance.
When ex-partners agree on the amount of child maintenance, they can make arrangements by private agreement.
If parents can’t agree on a child maintenance amount privately, they can use CMS Direct Pay to calculate how much is required but handle the payments themselves. Alternatively, they can use Collect and Pay where the CMS collects money from the non-resident parent and passes it on.
If you don’t want to have contact with the other parent, the best choice for arranging child maintenance is through the CMS Collect and Pay Option.
However, it’s important to know that while the CMS can help calculate the appropriate amounts and manage payments, they don’t assist with other family law matters like child arrangements.
If you need help with these issues, it’s best to seek legal advice from an expert lawyer. Contact us today for a free case evaluation.
The UK has a special arrangement with several other countries called the Reciprocal Enforcement of Maintenance Orders (REMO) Agreement . Under REMO, courts in these countries can enforce child maintenance decisions made by UK courts.
If one parent lives in a REMO country, the other parent can apply to the Maintenance Enforcement Business Centre. The application is then sent to the court in the county where the other parent lives. That court will decide whether child maintenance should be paid and whether to enforce payment.
However, if the other parent doesn’t live in a REMO country, arranging and enforcing child maintenance payments may be more challenging. In such cases, it's advisable to seek legal advice from a solicitor to fully understand your options.
Child maintenance payments won't affect any benefits you receive, including Universal Credit. Additionally, any extra income you get from child maintenance won't be counted when calculating your taxes.
If parents can’t agree on child maintenance privately, the CMS will use certain information to calculate the amount of child maintenance required based on:
Based on this information, the CMS calculates a weekly gross income and works out the percentage of income that should be paid for child maintenance.
If the non-resident parent is receiving certain benefits like Carer’s Allowance, Employment and Support Allowance, Income Support, Jobseeker's Allowance, Pension Credit, State Pension, or Universal Credit, they may only need to pay £8.40 per week for child maintenance.
You can use the calculator provided by CMS to estimate payments.
"Direct Pay" is a payment method where parents handle the transfer of child maintenance money directly between themselves, without involving the CMS.
This method offers flexibility as well as an amicable method of communication between both parents.
To arrange Direct Pay, parents should agree on a sum of money (either between themselves or with the help of CMS). Once agreed, the paying parent makes the payment directly to other parents on an agreed schedule.
If a dispute does arise in the future regarding payments made through Direct Pay, the receiving parent has the option to switch to the CMS's "Collect and Pay" service for enforcement.
If you think the amount of child maintenance you are receiving or paying is wrong, you should first contact the CMS and explain your concerns. They may be able to provide more information or conduct a review.
If you’ve already contacted the CMS about your concerns and are unsatisfied with the outcome, you can appeal the decision. It may be helpful to seek legal advice before appealing to better understand your rights and options.
Both parents must tell the CMS if their circumstances change, as this could affect child maintenance arrangements. You should tell the CMS if there is a change to your:
Telling the CMS about these changes ensures that the child maintenance arrangement remains fair and accurate based on the current circumstances.
The most effective approach to child maintenance issues is to find a solution together as part of the divorce or separation settlement. This can save you money and make it simpler to adapt if circumstances change compared to going through the court or using the CMS.
However, it's important to note that private arrangements like these aren't legally binding, which may be important depending on your situation.
If the CMS has already made an assessment and the paying parent refuses to pay, or if either parent disagrees with the figure calculated by the CMS, it is up to the CMS to take action. In these situations, they may hear an informal appeal or take the non-paying parent to court.
In the end, how you address a child maintenance dispute depends on your specific circumstances. Many separated couples can negotiate terms and amounts among themselves, through the CMS, or via mediation. As a last resort, you may need to obtain a court order to enforce maintenance.
We understand that making decisions about your family’s future can feel overwhelmingly stressful. Our network of expert family lawyers is on hand to bear some of that weight for you, providing specialist advice relating to child maintenance issues and enforcement.
Further, if you’re considering divorce or separation, we can connect you with an experienced divorce lawyer who can explain your rights and obligations, as well as help you reach a fair settlement.
Contact our Legal Assessment team today to find out more.
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