Child maintenance is the regular financial support, usually monthly, paid by the parent who does not have the main day to day care of the child to the parent who does, to help with their child’s day to day living costs. It is for children who are under 16 or under 20 if in approved education or training but would not extend to advanced courses such as a university degree or BTEC when child maintenance would stop, unless the parents agree to it continuing for a longer period.
When dealing with the issue of child maintenance, generally parents are either able to reach a private agreement between themselves or an application is made to the Child Maintenance Service (CMS).
If a couple is divorcing or going through a dissolution, they can incorporate their agreement into their court order as part of the overall financial settlement.
Private Agreements
If parents can agree on the amount and frequency of maintenance, it can be recorded in a written document. This arrangement can work well where some flexibility is needed and where the paying parent is open and honest about their income. Also, it is usually the quicker and cheaper option and there is information available on the government’s website to assist in calculating what the amount payable should be.
However, it is important to note that a private agreement is not legally binding and therefore it cannot be enforced if one parent decides not to honour the agreement. .
Using the CMS
The CMS is the government’s service responsible for child maintenance. The CMS can assist in circumstances where you have been unable to agree maintenance with the other parent or a private agreement has broken down.
The CMS can calculate the level of child maintenance to be paid and can collect the payments if so required. The CMS can also locate the other parent, enforce payments and act as a trusted third party where a parent’s privacy must be protected, for example where there has been domestic abuse.
When will someone not have to pay for child maintenance
The circumstances in which a parent will not be required to pay child maintenance include:
- When the care of the child(ren) is being shared equally with the other parent and neither are deemed to be the primary carer;
- When the parent is a full-time student with no income;
- When the parent is in prison.
How can a solicitor help with child maintenance matters?
At Gorvins Solicitors, our family law solicitors can help you negotiate an appropriate arrangement to financially support your child. Additionally, they can advise you upon varying an existing arrangement and what steps to take if the paying parent stops paying.
In certain circumstances the court may have the power to make orders that legally obligate a parent to financially support a child, which may not be limited to maintenance. Therefore, taking specialist advice on the options available to you can be invaluable.
How can Gorvins help?
If you’re having difficulty reaching an agreement concerning children or would like more information about applying for a Child Arrangements Order please contact one of our family law solicitors at 0161 930 5151, e-mail familyteam@gorvins.com or fill in our online form at the top of this page.
