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When families separate, figuring out finances can be one of the trickiest parts, especially when it's about ensuring the children are well taken care of.
Child maintenance is essentially a structured payment from one parent to the other to help with the children's everyday expenses and applies to children under 16, or up to 20 if they are in full-time education. This is a requirement whether you've split from the other parent or never officially been together. The actual amount can vary based on several factors and individual circumstances, although you can get an estimate of the amount of maintenance by using the Government's online calculator. It's always great if parents can decide on the maintenance amount themselves. However, if you can't reach agreement, the CMS (Child Maintenance Service), a government-run agency, can step in to help set up and manage these payments.
Our experienced team is here to guide and support families through this process, be it through direct discussions, the CMS, or even court proceedings should it become necessary.
For further details contact Richard Westley on 01827 317070 or family@pickerings-solicitors.com
What is child maintenance?
Child maintenance is a financial agreement between parents to ensure the child's expenses are met when one parent no longer lives with the child. This arrangement is established when parents separate or if they've never been in a relationship together.
Both parents have a financial duty to their children, even if one parent decides not to maintain a relationship with them.
What does child maintenance pay for?
Child maintenance covers basic living costs like food, clothing, and housing. It typically doesn't include extras like extracurricular activities, holidays, or school fees.
Do I have to use the Child Maintenance Service (CMS) to manage child maintenance?
No, there are multiple ways to set up child support.
Parents can ask the CMS (Child Maintenance Service) to figure out the payment amount, unless there's a court decision about it that's less than a year old. Instead, you might want to decide on a child support amount privately, using the CMS as a guide. In some cases, even if there's an old court decision (from after March 3, 2003 and older than a year), you can still apply.
To get an estimate of the payment, use the Child Maintenance Options calculator. But remember, the actual amount might change based on other factors.
Can we decide the amount of child maintenance on our own?
Ideally, you and the other parent should agree on the payment amount, which might be based on the child maintenance calculator. You can also choose to add extra for things like activities, uniforms, or school fees if you wish to, but you are not obligated to do so. If you can't agree, you can apply through the Child Maintenance Service (CMS) for children under 16, or under 20 if they're still in approved education or training.
How much child maintenance will I pay?
There is not a standard amount of child maintenance that everyone pays. The Child Maintenance Service (CMS) calculates an amount using rules set out by Child Support law. This amount is based on:
- the gross income of the paying parent,
- the number of children involved, and
- the time spent with the children.
You can get an idea of what your payments might be, using the government's Child Maintenance Calculator. You could also use this figure as a starting point for a private agreement.
Is there an income limit that is taken into account for child maintenance assessment?
If your gross weekly income is more than £3000, the child maintenance or CSA calculator will give you its highest evaluation. If you earn more than this, the CMS won't require you to pay more. However, this does not stop the other parent potentially seeking a court-ordered “Top Up”.
A "Top Up" adds extra money to the usual CMS amount to help children of high-income parents enjoy a lifestyle similar to their parents' earnings, instead of just getting the basic CMS amount.
Which of my children will qualify for Child Maintenance Payments? (CMS)
The CMS sets rules about how much child maintenance should be paid by a parent who doesn't live with the child, to the one who primarily takes care of the child daily. The exact maintenance depends on things like the child's age and if they have any disabilities.
The CMS, defines a child as anyone under 16 or those aged 16 to 20 who:
- has never been married or in a civil partnership, and
- is studying full-time but not at a higher education level.
(Note: Sometimes, someone under 20 can still be considered a child for maintenance reasons by the CMS, even if they aren't in this type of schooling.)
If the child falls outside the CMS's age and education, you'll have to apply to the courts to request child maintenance.
What information will I need when applying for Child Maintenance?
You’ll need details of the following for the parent who’ll be paying:
- their income, including State Pension
- any benefits they get
- the number of nights your child stays with them
Do I have to pay for my children from more than one relationship?
Yes. You are responsible for providing financial support to all of your children.
When does child maintenance stop?
Child maintenance typically stops at 16, but continues if the child is still in secondary education, up to finishing A-Levels or turning 20, whichever comes first.
If the child goes to university, some parents might choose to give extra support. However, payments might stop sooner if the child spends equal time with both parents.
How do I resolve Child Maintenance Issues?
The best approach is for you and your ex-partner to mutually agree on child maintenance, which can save on CMS costs (Child Maintenance Service) and potential legal fees. However, direct agreements aren't legally binding.
To make sure it is legally binding, you can convert your mutual agreement into a consent order through the courts. Keep in mind, after 12 months, either parent has the option to go to the CMS, (Child Maintenance Service). The CMS is designed to arrange and collect maintenance payments, minimising conflicts and payment issues.
In specific situations, like when a parent lives abroad, the courts can also be approached directly for a child maintenance order.
For further details contact Richard Westley on 01827 317070 or family@pickerings-solicitors.com
