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Child maintenance must be paid by the parent with whom the child does not primarily live with. That means that if your child spends more time living with their other parent, you will need to pay maintenance to them to meet that child’s financial needs.
Child maintenance is payable to the resident parent whether you are or were married to them or not.
To find out how much child maintenance you are likely to pay, there is a standard formula which applied to all separated couples. It takes into account your income, how many nights the child stays with you on average, whether you are financially responsible for any other children and what benefits you receive.
It is advisable to check the level of child support you may need to pay via the government child maintenance calculator:
https://www.gov.uk/calculate-child-maintenance
If you are married to the other parent of your child, then it is important to remember that any child support agreed between the two of you is only binding for 12 months after your divorce. After a year has passed, either of you could apply to the child maintenance service for a reassessment.
Child maintenance is different to spousal maintenance, and if you are married then both types of financial support may be relevant.
At Harrowells we have a team of solicitors who deal with child maintenance enquiries and who will either be able to answer any questions you may have or will be able to signpost you to other services who can assist.
Our reputation for offering clear, effective advice is growing and, together with independent recognition of our Family Law expertise by Legal 500, means we advise clients right across the country. It is very straightforward to arrange meetings by video or telephone, as you prefer, so that we can provide you with the information, advice and reassurance that your interests will be secured and protected. If you live locally, you also have the option to meet us at one of our offices. Call us or email us for a confidential initial discussion so we can understand your situation and explain how we can help you. We can be flexible and schedule our initial meeting with you outside normal office hours if that better suits your circumstances.
Child Maintenance Law explained
Who can claim child maintenance?
The resident parent of the child. That is the person with whom the child lives most of the time.
How is child maintenance decided?
The amount which the paying parent is required to pay depends on their income, what benefits they received, how often the child stays overnight with them and whether they are financially responsible for any other children.
What can be covered by child maintenance?
It is intended to cover everyday essentials for your child such as clothes, food and a contribution towards housing expenses.
It does not include school fees or other large capital payments which you would need to apply for separately if the non-resident parent had the financial resources to meet such costs.
How long is child maintenance paid for?
Child support is paid for children until they turn 16 years or age or complete secondary education (A Levels of equivalent)
Can child maintenance be varied?
The amount you pay only changes if the child spends more/less nights with you or your financial circumstances change, in which you case you should use the gov.uk child maintenance calculator. It is advisable to recalculate the amount regularly to ensure it is correct.
What can you do if a parent won’t pay child maintenance?
The child maintenance service will take action and you will need to make an application for them to enforce the payments.
Can unmarried parents apply for child maintenance?
Yes unmarried parents are bound by the same laws as married couples when they separate, though married parents may also need to pay spousal maintenance in addition to child support.
Child maintenance law insights from Harrowells
You can read our Divorce and Family blog here.
We advise clients on a nationwide basis and we are experienced in offering effective advice, reassurance and regular updates by video and telephone. If you live locally, you also have the option to meet us at one of our offices. You decide the best method of communication and we will tailor to suit. We have a reputation for offering practical advice that ensures you know your rights and that your interests are protected. Call us or email us for a confidential initial discussion so we can understand your situation and explain how we can help you.
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