Child maintenance: What separating parents need to know

When parents separate, there’s often a great deal to think about. In addition to everyday decisions about where children will live and how often they will spend time with each parent, concerns about how everyday costs will be met can become even more critical.

‘Child maintenance’ is the name given to the regular financial support parents provide for their child following separation. These payments typically contribute towards everyday living costs and both parents remain financially responsible for their children regardless of contact.

In England and Wales, parents may be able to arrange child maintenance privately or through the Child Maintenance Service (CMS).

Understanding the different options available to you can provide some clarity at what may already be an emotionally and financially difficult time.

Who is responsible for paying child maintenance?

Typically, the parent who is required to provide child maintenance will be the parent who does not provide the child’s primary care – while the receiving parent is usually the person providing that care (i.e. the parent the child lives with day to day). In some circumstances, the receiving person may be a grandparent or guardian.

Child maintenance should also be considered alongside other financial issues that can arise following a separation or divorce. For this reason, it may be beneficial to seek personalised legal advice in circumstances where your wider financial position is complicated, or if you’re uncertain about any proposed arrangements.

Can parents agree child maintenance between themselves?

In some instances, parents may be able to agree child maintenance voluntarily between themselves without court involvement.

Where communication remains constructive, reaching an agreement can give parents flexibility to find an arrangement that works for their family, including how particular costs relating to their children will be managed.

However, changes in income, living arrangements or the amount of time children spend with either parent can affect what is considered an appropriate amount. If parents cannot agree, or a private arrangement is no longer working, they can use the CMS.

When is the Child Maintenance Service used?

If parents cannot reach a voluntary agreement, an application can be made to the CMS.

The CMS is a government body that can assess a parent’s financial circumstances and calculate the amount of child maintenance that should be paid under the statutory scheme.

There are two ways of managing payments through the CMS:

• Direct Pay – the CMS calculates how much should be paid, with payments then made directly between the parents
• Collect and Pay – the CMS collects payments from the paying parent and passes them to the receiving parent. Fees apply to this arrangement

It’s important to note that in scenarios where direct payments are not made in full and on time, the CMS has the authority to change the payment method to Collect and Pay.

How much child maintenance will I have to pay?

There’s no fixed sum for child maintenance under the statutory scheme and the amount payable will generally depend on the family’s circumstances.

The CMS will calculate maintenance by looking at the paying parent’s gross income, the number of children in the calculation, any other children they support and shared care arrangements.

Parents can use the government’s child maintenance calculator to obtain an indication of what they may be expected to pay or receive. However, this should only be used as a guide as individual circumstances can affect the eventual calculation.

The amount of time a child spends in each parent’s care can also affect the child maintenance calculation – but crucially, sharing a child’s care does not necessarily mean that no child maintenance will be payable.

When disagreements arise about the care arrangements or how they affect maintenance, a Family Law Solicitor can help clarify the position with personalised advice regarding on your situation.

My former partner isn’t paying child maintenance. What can I do?

If an agreed payment is missed, the next steps open to you will depend in part on how your maintenance arrangement is being managed.

Where payments are made through the CMS, there are established processes for dealing with missed or incomplete payments. In other circumstances, it can be helpful to seek advice from an experienced Family Law Solicitor.

What if circumstances change?

It’s likely that a parent’s income, and/or the children’s needs and care arrangements, will change over the course of time.

For this reason, it’s always sensible to review maintenance arrangements following a significant change in circumstances, rather than assuming an earlier plan will remain suitable indefinitely.

Where the CMS is managing the case, the calculation is subject to periodic review, while relevant changes may also need to be reported as they arise rather than waiting to disclose at the next review.

How long will I be liable to pay child maintenance?

As a general rule, statutory child maintenance may be payable for a child under 16 and can continue in certain circumstances for a young person under 20 who remains in approved education or training.

When payments end will depend on the arrangement and the child’s circumstances. Where there is uncertainty – particularly if the CMS is involved – parents should check their position before stopping payments.

Get in touch

Questions about money can be particularly difficult when they are discussed alongside the emotional pressures of a separation.

Our dedicated Divorce & Family Law team can advise on child maintenance in the context of your wider family and financial circumstances – particularly where maintenance is disputed or your financial position is more complex.

If you have questions about child maintenance or your financial arrangements more generally, speak to our specialist Divorce & Family Law team on 03333 058375, or email [email protected],  to arrange a confidential conversation.