Child Maintenance | They Say They’ll Pay Towards the Children, but it is Hit and Miss!

“They Say They’ll Pay Toward the Children, but it is Hit and Miss! What Can I do?”

The title question is a common question posed by many separated parents, whether that be at the pub with friends, with family, or to solicitors – “how do I make them contribute toward our children?”.

Child Maintenance:

In summary, Child Maintenance is an obligatory statutory payment made by one parent, to another, to support the care of their child following separation. Usually, the parent who spends less time with the child will be obliged to pay money to the parent the child lives with most of the time.

Where parents share the care of their child, there is usually no maintenance paid in either direction.
The Child Support Act 1991 (including some amendments made by later pieces of legislation) governs the Child Maintenance Scheme (CMS) which was introduced in November 2013.

There is a helpful online calculator tool which many parents use to figure out what one should be paying to the other, but where that is not possible or successful, the Child Maintenance Service can recover the monthly payments for you.

How is Child Maintenance Calculated:

In summary, the maintenance payable is calculated by considering the gross income of the parent the child does not live with, and the number of nights the child spends with that parent. The CMS also takes into account any other children the paying parent might have.

Both parents have to be resident in the UK (not including the Isle of Man or the Channel Islands), and must be living separately form one another. There are some exceptions, as with any rule, for example. Where an employee of the armed forces works outside of the UK, but receives pay in the UK.

Does it Cost?

If parents are unable to agree the figure to be paid, there is a charge of £20 for applications for a CMS assessment.

If they then also cannot agree to a voluntary payment schedule, then there is the option for the CMS to “Collect and Pay” but the person receiving will have 4% deducted from the maintenance calculation, and the payer will pay 20% on top of the calculated sum.

When is Maintenance Payable Until?

Maintenance is paid for any child (“person under 16) or a person between the ages of 16 and 19 where they are in full time, non-advanced education (A Levels, or equivalent post-16 course – not university), or a person for whom child benefit is payable. 

So, What Can You Do?

You can send the link to the calculator to your ex-partner and agree voluntary payments, or make a claim via the CMS where they will end up paying 20% more!

However, what if the CMS inform you that the matter is outside of their jurisdiction, then what can you do?

You can call us, and we would be happy to help! Just call 01926 354704 or email: family@moore-tibbits.co.uk. 

Article by: Antonia Kirby | Senior Solicitor