Child Maintenance – Frequently Asked Questions

When parents separate there can be emotional upheaval that the parents and children experience. There are often immediate logistical issues such as who moves out the property and the arrangements for the children to spend time with both parents.

Whilst all the above issues are not always straightforward, a common issue which occurs is the matter of child maintenance. This blog will outline some common questions family solicitors are asked by clients.

What is child maintenance?

Child maintenance is designed to ensure a child’s living costs are paid for. This can be in situations where the parents have separated, or have never been in a settled relationship.

Child maintenance is not designed to support the parent who is the primary carer of the child but rather the child’s own costs.

Do I have to pay child maintenance?

Yes if the child is yours then you share the responsibility with the other parent to contribute towards the costs of raising the children. This is the case even if you do not see the child. Child maintenance is usually paid to the parent who is the primary carer of the child. The term ‘primary carer’ is often used to describe the parent with whom the child lives with more in terms of time. It is not a term that should be used to attribute more importance to that parent in terms of the children.

However, if both parents care for the children equally then neither would pay the other child maintenance. It is important to note that “equally” means equal overnights not necessarily actual time.

How do I reach an agreement with the other parent?

The body which handles child maintenance is the Child Maintenance Service (CMS). This is a body overseen by the Government and is separate to the family courts. It is one of the reasons why family lawyers do not tend to get too involved with the CMS and it’s process.

Parents are able to make a formal application to the CMS in order to assess the amount what needs to be paid in child maintenance. However, parents can come to an agreement outside of the CMS on a voluntary basis.

The CMS has a calculator which can provide an indication, without the need for a formal application, as to what the payment should be based on various factors, for example, the parties’ respective incomes and how many nights each parent has the child. This can help parents make an application.

However, parents can come to an agreement themselves without using the calculator if the agreement works for both mother and father in the circumstances.

I pay toward utility bills/mortgage even though I have moved out – can these be factored in to the child maintenance payment?

It is usually advisable, even if you move out the family home, to continue to pay your share of the mortgage. However, paying towards the home where the children are living can reasonably be considered to be contributing to their living costs. Therefore, the CMS can take into account mortgage payments.

The general approach is that the party who remains in the family home becomes liable for the utility bills (such as water, electricity, gas and council tax etc). However, in situations where the financially stronger parent moves out then generally they should ensure that the status quo remains. In short if the financially weaker parent cannot take on the utility bills straight away (for example if they were a stay at home parent) then it is advisable to provide support for the children’s benefit. If this is necessary you can bring it to the CMS’s attention as it falls under the definition of a ‘voluntary payment’, although the CMS tend to focus more on larger bills, such as mortgage payments.

The payment of utility bills may be something that is better discussed as a form of spousal maintenance (if the parties are married) to separate them from child maintenance and mortgage payments. This is where the payments are for the benefit of the financial weaker spouse rather than the children and is called interim maintenance.

My partner is making a voluntary payment; should I apply to the CMS?

If an agreement has been reached then you can compare it to what you would likely receive if you were to make a CMS application via their calculator. If the amount the paying parent is paying is lower you may wish to either negotiate with them or make an application.

However, the CMS would not order that a paying parent continue to pay their voluntary payment in addition to a CMS ordered payment. Therefore, if the payment is above what the CMS would order there is unlikely to be any benefit in making an application.

My partner is not paying – How can I enforce this?

If the other parent is not paying their child maintenance in the first instance you should make a formal application to the CMS. If your partner does not pay once your application has been processed then you can ask them to enforce payment. This can be done it various ways including it being deducted directly from his or her salary. It is often best if the payment is done without the needs for enforcement as there can be additional charges both parents have to pay which are deducted from the child maintenance figure.

My partner has a significant income – what options are available to me?

The CMS calculations only covers gross incomes of up to £156,000 per annum. If  a parent earns more than this then is possible to apply to the family court under the Child Support Act 1991 to ask them to ‘top up’ the child maintenance.

However, these applications can be expensive, and we would suggest that you seek legal advice before embarking on an application. Our dedicated team of family lawyers can assist you with this as they have extensive experience on advising on high net worth matters.