How is child maintenance calculated?

A parent who does not live with their child may be liable to pay child maintenance to the parent with primary care for the child until the child turns 18 or ceases full time secondary education. 

Child maintenance may, in limited circumstances, extend beyond the child’s 18th birthday in the event that they go on to study at an institute of further education. Unless dealt with by way of a Court Order between the parents, it is the child that has the claim against their parents once they turn 18. 

There is an online calculator at www.gov.uk that enables a swift child maintenance calculation to be undertaken. On a very basic level, child maintenance is calculated on the gross income of the non-resident parent. Certain deductions are then made if that parent has other children living with them and allowing for a reduction based on how many overnight stays the child or children in question have with that parent. Generally, an average one overnight stay per week equates to a 1/7th reduction in the child maintenance payable.   

Unlike spousal maintenance, the Courts generally have no jurisdiction (unless the paying parties income is over the current threshold of £3,000 gross per week) to hear arguments over child maintenance. If there is a dispute, an application must be made to the Child Maintenance Service (CMS).   It is the CMS that will assess the liability of the absent parent and it is the CMS who will enforce the maintenance calculation, if necessary. However, enforcement does come at a price as both the receiving party and the paying party have to pay enforcement charges albeit the paying party pays significantly more!  

Finally, on the issue of child maintenance, if child maintenance is agreed that would, for example,  be significantly higher than the child maintenance that would be payable following a calculation by the CMS, then that child maintenance payment can be included within a Court Order by agreement. However after at least 12 months has elapsed from the date the order was approved, either party can make an application to the CMS. If such an application is made, that may bring the amount child maintenance in the court order to an end.  It is important to have a carefully drafted maintenance order if you are reliant upon this to meet your needs.

We always encourage early contact with our Harrowells Family Law Team so that we can take steps to protect your interests and those of your children.