It is a common misconception that if a parent doesn't have contact with their children, they don't have to pay child maintenance.
However, child maintenance and visitation rights are treated separately under UK law. This means that even if you don't see your children, you are still legally obligated to provide financial support.
This article will provide a comprehensive guide addressing the legal obligations and considerations surrounding child maintenance payments for non-resident parents who do not have contact with their children.
Table of Contents
- Child maintenance and the law
- Do I have to pay child maintenance if I don't see my children?
- How is child maintenance calculated?
- Situations where child maintenance may not be required
- What happens if the paying parent stops paying?
- Can I adjust my child maintenance payments?
- Does remarriage affect my child maintenance payments?
- Does paying child maintenance automatically grant you visitation rights?
- Get expert family law advice from Lawhive
Child maintenance and the law
If you are a non-resident parent (meaning you don't live with your child), you are legally required to pay child maintenance. The purpose of this is to cover the child's everyday living costs, such as food, clothing (like school uniforms), and housing.
Child maintenance payments typically continue until the child turns 16, or 20 if they are in full-time education.
If you fail to make the required payments, the CMS has various enforcement powers.
Do I have to pay child maintenance if I don't see my children?
Not seeing your child does not exempt you from paying child maintenance.
Your responsibility to pay child maintenance is based on your financial ability and the child's needs, not whether you see or spend time with your child.
This means you have to pay child maintenance even if you have no contact with your child.
How is child maintenance calculated?
The amount of child maintenance you need to pay is based on your income.
The Child Maintenance Service calculates this amount by considering factors like your gross income, the number of children you have, and how much time the children spend with you.
You can use the CMS calculator to get an estimate of your payment obligations.
Situations where child maintenance may not be required
There are specific situations where payments may not be required or where special circumstances can affect the calculation of payments. For example if:
The paying parent is a full-time student or is incarcerated and has no income;
The child turns 16, or 20 if they are in full-time education;
If the child becomes self-sufficient, joins the armed forces, or gets married;
If both parents share equal care of the child.
Other factors that can affect child maintenance calculations include:
Significant costs associated with maintaining contact with the child;
If the child has special needs or disabilities;
If the paying parent has a very high income.
What happens if the paying parent stops paying?
If the paying parent stops making child maintenance payments, the consequences could be CMS enforcement action, such as:
Order the paying parent's employer to deduct child maintenance directly from their wages;
Instruct the paying parent's bank or building society to make regular deductions from their account to cover maintenance payments;
Order a one-time deduction from the paying parent bank account to cover arrears;
Apply for a liability order through the courts, which allows them to take more severe actions such as selling property, forcing the sale of assets, or even disqualifying the parent from driving.
Can I adjust my child maintenance payments?
If you think the Child Maintenance Service calculation doesn't reflect your current financial situation, you can apply for a variation.
If you disagree with the CMS's decision on your maintenance calculation or variation request, you can ask for a mandatory reconsideration within one month of the decision. This means the CMS will review their decision to ensure it's correct.
If you're still dissatisfied after the mandatory reconsideration, you can escalate the issue to the Independent Case Examiner. The ICE will review how the CMS handled your case and decide if they acted fairly and within the rules.
To involve the ICE, you typically need to have gone through the CMS's internal complaints process first.
Does remarriage affect my child maintenance payments?
Regardless of whether you or your ex-partner remarry, your legal obligation to pay child maintenance doesn't change.
However, if you have additional children from a new relationship, this can affect the amount of child maintenance you have to pay. The CMS makes a percentage reduction based on the number of additional dependents.
Does paying child maintenance automatically grant you visitation rights?
Some parents think that paying child maintenance automatically grants them the right to see their child. This is not true.
Visitation and contact arrangements are a separate legal matter. If you wish to have contact with your child, you may need to go through family mediation or the courts.
Get expert family law advice from Lawhive
Regardless of personal circumstances, like contact with your child or remarriage, child maintenance payments are essential and legally required.
If you find yourself facing disputes or dealing with complex situations regarding child arrangements and family law, seeking legal advice is highly recommended.
At Lawhive, our network of expert family law solicitors is on hand to assist you with expert legal advice and support tailored to your needs.
Contact us today for a free case evaluation and quote for the services of a specialist family lawyer.