The Process of Child Maintenance
Before you read this webpage we would like to explain some words that we have used in this write up.
1) Resident parent – The resident parent is the parent the child lives with for the majority of the time. They provide day to day care for the child. A resident parent can also be referred to as the ‘primary carer’ and the ‘parent with care’. In child support law this parent is also known as the ‘receiving parent’ (they will receive child maintenance).
2) Non-resident parent – The non-resident parent in the parent that does not live with the child. In child support law this parent is also known as the ‘paying parent’ (they will pay child maintenance).
WHAT IS CHILD MAINTENANCE?
Child maintenance is the money paid by one or both parents of a child to cover the child’s living expenses such as food, clothing, and housing when one or both of the parents do not live with the child.
A parent is responsible for paying for the upkeep on their child whether they have any contact with the child or not.
Child maintenance must be paid by a non-resident parent if the child is under 16 years of age. If the child is in full time education (A levels or equivalent) then the non-resident parent must pay child maintenance until the age of 20 years.
WHO HAS TO PAY CHILD MAINTENANCE?
Normally, the non-resident parent or working parent will pay the parent with whom the child lives with or to the non-working parent.
WHO DOES NOT HAVE TO PAY CHILD MAINTENANCE?
The following individuals do not have to pay child maintenance:
1) If you are a full time student.
2) If you do not have an income.
3) If you are in prison.
HOW CAN CHILD MAINTENANCE BE SORTED OUT?
Child maintenance can be sorted out in the following ways:
1) Privately between the parents of the child – The parents can come to a family based agreement between themselves. They can then get this agreement written down onto a document called a draft consent agreement and send it to the court to formalise/approve into a legally binding court stamped order. This will make the maintenance agreement enforceable.
LINK TO GOVERNMENT WEBSITE FOR MAKE A PRIVATE ARRANGEMENT
2) With the help of mediation – The parents can come to a family based agreement with the help of mediation. They can then get this agreement written down onto a document called a draft consent agreement and send it to the court to formalise/approve into a legally binding court stamped order. This will make the maintenance agreement enforceable.
3) With the help of the child maintenance service (CMS) – The child maintenance service will calculate the amount to be paid. They can enforce this payment. If you have an existing court order in place about child maintenance which is less than a year old or granted before 03-03-2003 then you cannot apply to the CMS to sort out child maintenance.
LINK TO GOVERNMENT WEBSITE FOR CHILD MAINTENANCE SERVICE
4) With the help of the family court – If the family court makes any decision regarding child maintenance they will write these decisions into a court order and it will be legally binding.
HOW CAN YOU CALCULATE HOW MUCH CHILD MAINTENANCE WILL BE PAID?
There is a government child maintenance calculator on the internet which you can use to find out how much you can receive in child maintenance payments.
LINK TO GOVERNMENTS CHILD MAINTENANCE CALCULATOR
CHILD MAINTENANCE THROUGH THE CHILD MAINTENANCE SERVICE (CMS)?
To apply for child maintenance through the child maintenance service you must first get a reference number. Please click on the link below which will take you to the government webpage where you can get this reference number. Please read the page then scroll to the bottom to the webpage and click on the green ‘start now’ button.
LINK TO GOVERNMENT WEBSITE FOR GET HELP ARRANGING CHILD MAINTENANCE – get a reference number
The child maintenance service (CMS) will:
1) Contact your ex-partner directly.
2) Work out how much is to be paid.
3) Arrange payments.
4) Help you try and find the other parent if you do not know where they are.
5) They can help you if the non-resident paying parent lives abroad.
The CMS will keep your contact details private if you ask them to and they will not reveal these details to the other parent.
You can apply online, you can call them or write to them.
LINK TO GOVERNMENT WEBSITE FOR CONTACT THE CHILD MAINTENANCE SERVICE
Please note – the child maintenance agency (CSA) has been replaced with the child maintenance service (CMS).
If you already have an account with the CMS and you want to sign in then please click the link below.
LINK TO GOVERNMENT WEBSITE FOR SIGN IN TO YOUR CHILD MAINTENANCE ACCOUNT
HOW WILL YOU KNOW WHAT THE CMS HAVE CALCULATED?
Both you and the other parent will receive a letter stating the amount, how the payments will be made and when they will start.
APPROXIMATELY WHEN WILL YOU RECEIVE THE FIRST PAYMENT?
You should start to receive the first payments about 3 months after your initial application was submitted.
HOW WILL YOU RECEIVE YOUR CHILD MAINTENANCE PAYMENTS THROUGH THE CMS?
Child maintenance payments organised and calculated by the CMS can be received by 2 different methods:
1) Direct pay method – If you and the other parent decide to use this method then you will need to arrange payments between yourselves. If you would like to receive direct payments but you do not want the other parent to know where you live, the CMS can give you a letter to give to your bank. Your bank will set up an account for you with a non-geographic sort code. The bank can also contact the other parent and give your bank details if you do not want to.
2) Collect and pay method – The other option available is for the CMS to collect the payments on our behalf (from the other parents earnings, benefits, pension or bank account) and then give them to you. You will need to pay for this service. Please click on the link below to find out the fees.
LINK TO GOVERNMENT WEBSITE FOR MAKING AND RECEIVING PAYMENTS
WHAT IS APPLYING FOR A VARIATION WITH THE CMS?
If you know that the other parent has more income that they have not declared to the CMS then you can inform the CMS of this income. This is referred to as applying for a variation. The non-resident parent can also apply for a variation if their income has changed. Please click on the link below.
LINK TO GOVERNMENT WEBSITE FOR ASKING FOR OTHER INCOME AND EXPENCES TO BE INCLUDED
WHAT IF YOU WOULD LIKE TO INFORM THE CHILD MAINTENANCE SERVICE ABOUT ANY CHANGES?
If there is any information you would like to tell the CMS about changes to yours or the other persons circumstances you can click on the link below.
LINK TO GOVERNMENT WEBSITE FOR CHANGES YOU NEED TO REPORT
You must also inform the CMS about extra payments, if the other parent is late with payments or if they do not pay. If you are a paying parent and you cannot pay then you must contact the CMS and explain the reasons why.
IF YOU FEEL THE CMS HAS MADE A MISTAKE IN CALCULATING YOUR CHILD MAINTENANCE PAYMENTS CAN YOU ASK THEM TO RECONSIDER?
Yes you can. This is mandatory reconsideration. It must be asked for within a month of the original decision.
LINK TO GOVERNMENT WEBSITE FOR CMS COMPLAINTS AND APPEALS
WHAT IS A LIABILITY ORDER?
When the paying parent does not pay child maintenance and the CMS cannot take money from their bank account or wages then the CMS can apply for a court order called a liability order so they can recover unpaid payments.
The paying parent should speak to the CMS and try to resolve any issues. A child maintenance liability order is something that should be avoided for the following reasons:
1) Your name will go onto the register of judgements, orders and fines. This means you will find it difficult to get a loan or credit card.
2) You could go to prison.
3) You could have your driving licence taken away or you may not be able to get one.
4) You could have your possessions sold.
5) A bailiff may visit you and seize your belongings.
LINK TO GOVERNMENT WEBSITE FOR CHILD MAINTENANCE:LIABILITY ORDERS
WHO CAN APPLY FOR CHILD MAINTENANCE THROUGH THE CMS OR TRY AND REACH AN AGREEMENT DIRECTLY, THROUGH MEDIATION OR THOUGH THE COURTS?
The following can do this:
1) Either of the child’s parents
2) Any individual with parental responsibility for the child
3) The guardian of the child
4) The grandparent who is looking after the child.
WHO PAYS FOR SCHOOL FEES?
School fees are not included in child maintenance payments. These fees are covered by ‘family based agreements’ during a divorce. These agreements can be reached amicably directly between you and your ex-partner, through mediation, or through the courts.
WHAT ABOUT SELF-EMPLOYED PARENTS WHO CAN DODGE CHILD MAINTENANCE?
Yes, this happens and is possible because it has happened to many. This is a big loophole in the law. Many people will tell you this is impossible and no one can evade child maintenance. Our experience is different. The self-employed parent can declare a loss on their tax return, say they are not working or are ill, therefore, when it comes to paying child maintenance they owe the dependent non-working parent £0. This is the amount that is always calculated. If you are in this position, please be patient because we will be writing a Help Guide regarding this issue very soon.
HOW DOES CHILD MAINTENANCE AFFECT BENEFITS?
As of 12-04-2010, child maintenance payments do not affect any claim of benefits because child maintenance is not viewed as an income. You will not have to pay any tax on child maintenance payments either.
IS CHILD MAINTENANCE CLASSED AS INCOME?
As of 12-04-2010, child maintenance is NOT regarded as income with reference to benefits or paying tax.
UP TO WHAT AGE DOES CHILD MAINTENANCE HAVE TO BE PAID?
Child maintenance must be paid by a non-resident parent if the child is under 16 years of age. If the child is in full time education (A levels or equivalent) then the non-resident parent must pay child maintenance until the age of 20 years.
DOES A CLEAN BREAK ORDER IN A DIVORCE AFFECT CHILD MAINTENANCE PAYMENTS?
A clean break order is a court order in a divorce where both partners cannot make any future claim on any of their ex-partner’s assets or income after the divorce. A clean break order does not affect any parent’s financial duty towards their children.
HOW LONG ARE CHILD MAINTENANCE PAYMENTS DETAILED ON A COURT ORDER LEGALLY BINDING?
Child maintenance payments written into a court order are legally binding for only 1 year. After this, the CMS will take over the child maintenance payments. They will either oversee the amount agreed in the court order, if both parties are happy to continue with this amount, or the CMS will ask you both to agree to a new family based agreement. If neither party wants to continue with either option, then the CMS will calculate the amount to be paid and oversee this amount.
ARE CHILD MAINTENANCE PAYMENTS DETAILED IN A COURT ORDER ENFORCEABLE ABROAD?
The UK has an international agreement with 100 countries where they will help enforce child maintenance court orders that have been issued in the UK. These countries are called REMO countries.
LINK TO GOVERNMENT WEBSITE FOR CHILD MAINTENANCE IF A PARENT LIVES ABROAD.
WHAT IS REMO?
REMO is short for reciprocal enforcement of maintenance orders. This is where a child maintenance court order issued in the UK can be enforced in another country that is also a REMO country. As stated above there are 100 countries that make up REMO countries.
LINK TO GOVERNMENT LIST OF REMO COUNTRIES WITH WHICH UK HAVE AN AGREEMENT
If you have a child maintenance court order, the paying parent lives abroad in a REMO country and is not paying then you can do the following if you want them to pay.
- Contact your local Maintenance Enforcement Business Centre. There are 3 in the UK (Greater London, Wales and England excluding Greater London)
LINK TO GOVERNMENT WEBPAGE FOR CONTACT DETAILS OF YOUR LOCAL MAINTENANCE ENFORCEMENT BUSINESS CENTRE
- Once you have contacted them they will send you an application form and guidance notes on how to complete the form. Depending upon your circumstances there may be a fee to pay and you may have to attend a court hearing.
- You must attach any supporting documents you may have to support your application to your application.
- The maintenance enforcement business centre will send your full application to the local court in the country where the paying parent lives.
- This court will assess your case and if required enforce the original child maintenance court order.
If you have a child maintenance court order, you live abroad in a REMO country and the paying parent lives in the UK then you can contact your local court where you live to ask for details on how to enforce the court order.