Your key questions answered on Child Maintenance

By Jones Myers Partner, Nicki Mitchell – mediator, child inclusive mediator and collaborative family lawyer

While the festive season is a magical time of year, it can also be fraught with anxieties for divorcing and separating parents wanting to make Christmas special for their children.

Concerns can understandably escalate over buying presents and paying for outings, particularly where one parent may not have their own income stream. Below are some key insights into how Child Maintenance is assessed – and who pays for it.

How do divorcing/separating couples work out Child Maintenance?

Child Maintenance is something which needs to be considered whenever separating couples have children, regardless of whether they were married or not and whatever their financial circumstances.

The Child Maintenance Service (CMS), a stand-alone government body, provides a formula for parents to calculate child support Calculate your child maintenance – GOV.UK.

Most separated couples will use the formula as a basis for agreeing the level of child support to be paid and make informal arrangements for this to be paid directly.

Divorcing couples have the option of including their agreement on child support in the order (often known as a consent order) which sets out their agreement as to how their assets, debts, pensions etc will be divided.

Which parent is responsible for paying the support?

The parent with whom the children spend less time will be responsible for paying child support to the other parent. Where the children’s time and the child care responsibilities are shared equally between the parents then no child support is usually payable.

If there is any dispute between the parents about whether this is the case then the CMS will generally assume the primary carer to be the parent who receives Child Benefit and assess child support accordingly.

For how long does Child Maintenance continue?

The paying parent is obliged to provide child maintenance until the child completes “qualifying education” which is generally full-time secondary education but can include other forms of ongoing study such as some apprenticeships. No child support is payable after the child attains the age of twenty.

What happens if parents cannot agree on the level of support?

If the parents are unable to agree then either one of them can make an application the Child Maintenance Service (CMS) for a calculation.

The CMS will calculate the support payable using a six-step process. The various stages include determining the paying parent’s yearly gross income. The relevant parent usually provides this. However, the CMS can obtain the information from HM Revenue and Customs (HMRC) if the parents do not supply this.

Factors, such as pensions and school fees, which could change the paying parent’s financial situation, are also assessed before converting the yearly gross income into a weekly figure.

Key criteria the calculator draws on includes the number of children receiving the income and the level of what is called ‘shared care.’ This is based on how much time the child/children of the paying parent spends with them and includes overnight stays.
What happens if the paying parent loses their job?

Either parent can let the CMS know of a change in circumstance. The Agency will then re-evaluate and reduce the level of support the paying parent needs to provide based on the calculator system.

What happens if the paying parent refuses to pay?

The receiving parent can contact the CMS which would then take appropriate enforcement measures such as applying for a court order to take legal action.

What happens if the paying parent dies during the support period?

CMS payments would cease on the death of the paying parent. State benefits, such as Universal Credit, may be available to the surviving parent, depending on their circumstances at the time.

Are there any other options besides the CMS for parents to agree Child Maintenance?

Agreements between parents can be negotiated with support from experienced family law experts such as Jones Myers.
Our specialist services include collaborative family law and mediation, a non-confrontational option for parents to reach a solution in a spirit of co-operation which puts their children’s best interests first.

As a qualified Mediator and Child Inclusive Mediator I regularly see at first hand the benefits of the mediation process for parents, children and the wider family.

For queries on Child Maintenance, divorce or any aspect of family law, call us 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

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