When parents separate, ensuring the wellbeing of their children is a priority. Parents must agree on living and contact arrangements going forwards and need to reach an agreement about financial matters.
In England and Wales, when parents separate, they both remain legally responsible for the financial costs of bringing up their child.
Child maintenance (also known as ‘child support’) is the regular financial contribution that helps pay the everyday living costs of bringing up a child of separated parents.
In this blog, our experienced Family Solicitors answer some frequently asked questions about child maintenance.
What is child maintenance?
Child maintenance is regular financial support paid by one parent (usually the one who doesn’t live with the child) to the parent responsible for the main day-to-day care to help with the child’s everyday living expenses.
In England and Wales, parents must have a child maintenance arrangement in place for children under 16 (or under 20 if they are still in full-time education).
Does child support cover school fees?
No. Child maintenance payments are generally intended to cover a child’s basic living expenses, such as food, housing, and clothing.
School fees, extracurricular activities, and holiday expenses are considered an additional expense that is not automatically included in a child support calculation.
Who has to pay child maintenance?
Typically, the non-resident parent (‘paying parent’) is required to pay child maintenance to the parent who has the main day-to-day care (‘receiving parent’).
Do you have to pay child maintenance if you don’t see your child?
Yes. If you are the parent of a child, you have a legal obligation to contribute financially to their upbringing, even if you don’t see them or have a close relationship with them.
Do you have to pay child maintenance if you’re not working?
If you are a paying parent but have a gross weekly income of less than £7 you do not need to pay child maintenance.
For more information about child maintenance rates, click here.
How much is child maintenance?
The amount of child maintenance a paying parent must pay depends on:
- Their gross monthly income.
- The number of children they are supporting.
- The amount of time children spend with the paying parent.
- Whether the paying parent is supporting any other children.
How is child maintenance arranged?
Parents have three options to agree on child maintenance payments.
1. Family-based arrangement. Parents can decide on child support informally between themselves, or with the help of a solicitor or mediator.
This is often the quickest and most cost-effective way to agree on child maintenance payments. However, private agreements are not automatically legally binding, and it is advisable to get a solicitor to help.
A child law solicitor can help draft a legally enforceable agreement, which can be beneficial if you need to rely on the agreement in the future.
A solicitor with experience in child maintenance can also help in complex financial situations to ensure there is a fair assessment of financial capacity.
If there are disagreements about the amount of maintenance, the frequency of payments, or other aspects of the agreement, a solicitor can help mediate and negotiate on your behalf.
The government provides a helpful online calculator which sets out the amount a parent should pay the other based on different criteria and circumstances and can be used as a guide.
For legal advice about child maintenance from experienced Family Law solicitors, please contact Larcomes on 023 9224 6666 or make an online enquiry, and we will be in touch.
2. Through the Child Maintenance Service (CMS). The CMS is a government scheme for parents who cannot agree on arrangements privately.
The CMS arranges, collects and enforces maintenance payments. There are charges involved and potential financial penalties if the CMS is forced to get involved with your case.
3. Court Order. This is typically used in situations when a non-resident parent lives abroad or when a child’s needs involve educational expenses or disability-related costs.
What should I do if my ex refuses to pay child maintenance?
If your ex-partner is refusing to pay child maintenance, or is missing payments, you should contact the CMS to report the non-payment. The CMS can take enforcement action, like deducting payments from their income or benefits.
You can also consider seeking legal advice from a specialist child maintenance solicitor who can consider options such as applying to the family court for a Child Maintenance Order.
Child Maintenance Solicitors Portsmouth
At Larcomes, our experienced Child Care Solicitors in Portsmouth and Waterlooville help separated parents with a wide range of issues affecting their children, including child maintenance matters.
Our child law legal service includes legal advice on:
- Child maintenance payment disputes.
- Disputes relating to where a child should live.
- Disputes relating to with whom a child should have contact.
- Applications by the Local Authority for care, supervision orders, adoption, or special guardianship.
- Disputes relating to changing a child’s name.
Regardless of the complexity of your child care law matter or dispute, our solicitors in Portsmouth and Waterlooville have the knowledge, empathy and expertise to help.
We will explain all the options available to you, ensure you are aware of the costs involved including the option of legal aid if appropriate, guiding and supporting you through every step of the process.
Remember you can talk to us in complete confidence and gain reassurance from speaking to someone who understands your situation.
For more information about how we can help, or to speak to one of our local child law solicitors in Portsmouth and Waterlooville, call us on 023 9224 6666 or make an online enquiry.
Please note that this article is not intended to be legal or professional advice. It is for general guidance only, and updates to the law may have changed since it was published.
