If you’re going through a divorce or separation we know that your biggest concern will be your children. Our child maintenance solicitors can help you agree how much you or your former partner should pay going forward or help if maintenance payments have stopped.
What is child maintenance?
Child maintenance is a sum of money paid towards a child’s everyday living costs. It is paid by the parent who does not have day-to-day care of the child to the parent or carer (this could be a grandparent or a guardian) who is the main carer.
Both parents are responsible for the cost of raising their children, even if they do not have contact with them.
Child maintenance is payable if a child is under 16 or, if they are still in full-time education, under 20.
How is child maintenance calculated?
To help parents work out the amount of child maintenance and agree arrangements between themselves, they can use the online child maintenance calculator found on the Government website at www.gov.uk/calculate-child-maintenance. The calculator uses the gross income of the paying parent - including any state pension and benefits - the number of qualifying children they are paying for and the number of overnights the children are in their care.
The online calculator gives an indication of the likely amount the Child Maintenance Service (CMS) may work out for the family in the absence of an agreement. Parents can then discuss the amount between themselves with a view to making their own child maintenance arrangements.
What happens if child maintenance is not agreed?
When separated parents cannot resolve child maintenance arrangements amicably, either party can apply to the CMS for assistance.
There are also other options available to parents, including mediation or collaborative law and these methods can be used to help reach an agreement. Please ask us if you would like more explanation of how mediation could work for you.
We have decided to use the Child Maintenance Service, what next?
If you decide to apply to the CMS you will need to provide them with your National Insurance number and your bank details if you are the parent with day-to-day care of the child.
If you do not have day-to-day care of the child, you will be asked about :
- Your employment details
- Your income and any benefits you get
- Any private pension contributions you make.
There is an application fee of £20 for using the CMS service, but you do not need to pay this if you have experienced domestic abuse, are under the age of 19 or you live in Northern Ireland.
The CMS will then work out the child maintenance payments based on the paying parent’s circumstances.
There are two options for how the monies are paid:
- You can arrange the payments with the other parent yourself (direct pay); or
- You can use the CMS to collect and pass on payments (collect and pay) but there are fees for this service.
Both parents are given a choice about payment methods. If either parent chooses direct pay, that will be the payment method. In effect, it works exactly like a direct debit. However, if a paying parent misses payments or is late paying, the CMS can change the payment method to collect and pay.
What is collect and pay?
Collect and pay is designed to be used where a parent is late in paying or refuses to pay. It means that the CMS will charge 20% on top of what the parent already pays, but the receiving parent also loses 4% of the maintenance money. For example, if a paying parent was due to pay £100 per week, under the collect and pay system they would pay £120 and the receiving parent would receive only £96.
Who does not have to pay child maintenance?
You do not have to pay child maintenance if you are sharing care equally with the other parent.
In addition, if you are a full-time student with no income or you are in prison, then you will not have to pay anything through the CMS.
What if child maintenance is not paid?
If parents are using the direct pay system and payments stop, the receiving parent must inform the CMS. The CMS will then change payments to collect and pay but if payments remain missed, the receiving parent can apply for a court order and take legal action to recover the child maintenance owed to them.
What happens if my circumstances change?
You must inform the CMS of certain changes in your circumstances. These include, but are not limited to, the number of overnight stays with the other parent; a change to the child's main carer; payments being missed; an income change of 25% or more, or the paying parent no longer having an income.
Can the court help with child maintenance payments?
Child maintenance is usually dealt with by the CMS but there are circumstances in which the court can assist, for example, if the paying parent lives overseas, is a very high earner or if there are school fees to pay. You should seek advice if any of these apply to you. We offer a free 15-minute telephone call to discuss child maintenance and any other issues that you need help with.
Contact our Child Law solicitors
Our team of specialist family solicitors are happy to offer a free 15 minute telephone consultation in the event that you need advice concerning child maintenance.
