Separating from a co-parent is difficult, and there are many practical, emotional and financial factors to consider when your relationship breaks down.
Money is a notoriously touchy subject, and discussions about financial matters between ex-partners can be extremely difficult.
However, in England and Wales separated parents remain legally responsible for the financial costs of bringing up a child and therefore agreeing on arrangements for contributions is unavoidable.
Child maintenance is the regular financial support that helps pay everyday living costs of bringing up a child of separated parents.
When parents separate, the parent who isn’t responsible for a child’s day-to-day care (the ‘paying parent’) pays child maintenance to the parent or person who does (the ‘receiving parent’).
In this blog, our experienced Family Solicitors answer some frequently asked questions about child maintenance.
What is child maintenance?
Child maintenance (also known as ‘child support’) is a financial arrangement made between two parents when one is not living with their child.
In England and Wales, parents must have a child maintenance arrangement in place for children under 16 or under 20 if they are still in full-time education.
Child support is designed to cover a child’s everyday living expenses, including food, housing, and clothes.
Additional expenses for non-essential activities, such as private school fees, holidays, swimming lessons and other hobbies are not usually included in the scope of child maintenance.
How do you agree on child maintenance?
There are three ways that parents can agree on child maintenance.
1. Privately. The first option is to directly agree on maintenance payments with your former partner, either between the two of you, or with the help of a solicitor or mediator. This is also referred to as a ‘family-based arrangement’ and is the cheapest and least time-consuming way of coming to a consensus.
The government provides a helpful online calculator which sets out the amount a parent should pay the other based on different criteria and circumstances and can be used as a guide.
Agreeing on an appropriate level of child support and ensuring an agreement is legally enforceable can be difficult and specialist legal advice is vital. At Bookers & Bolton, our specialist child law solicitors offer guidance on child maintenance payments, helping you reach an agreement that works for everyone involved.
For legal advice about child maintenance issues from experienced Family Law solicitors, please contact us on 01420 558335 or complete a free online enquiry, and we will be in touch.
2. Through the Child Maintenance Service (CMS). If you cannot agree on the amount of maintenance to be paid, you can make an application to the government-run CMS who will calculate it for you. The CMS arranges and collects maintenance payments and can take enforcement action if a parent misses payments. You will have to pay additional charges and potential financial penalties if the CMS is forced to get involved with your case.
3. Court Order. This is when the court has the power to set maintenance payments. Typically, court orders are used when the paying parent has a higher income or lives abroad.
How much child maintenance do you have to pay?
If you are negotiating directly with your co-parent, there are no set rules to follow when calculating an appropriate level of child support, and you are welcome to agree on whatever arrangement you want.
It can help to bear in mind the following questions when considering child maintenance contributions: What should child maintenance payments cover? Should child maintenance payments be a percentage of earnings or a regular set amount? Should child maintenance payments allow for specific events?
The CMS takes the following factors into account when deciding on an appropriate level of child support:
- How much the paying parent earns.
- How many children you have.
- The amount of time children spend with the paying parent.
- Whether the paying parent is supporting any other children.
Depending on the paying parent’s circumstances, the CMS then applies one of five levels for the appropriate amount of child maintenance that should be paid: default, nil, flat, reduced, or basic.
The basic rate category of child maintenance is for paying parents who earn between £200 and £800 per week before tax.
Paying parents who fall into this category and are paying child maintenance for one child will usually have to pay 12% of their gross weekly income, which goes up to 19% for three children or more.
What happens if my ex refuses to pay child maintenance?
A parent who misses or refuses to pay child maintenance faces legal action. Cases of unpaid child maintenance can be referred to the CMS who can take enforcement action, such as taking the arrears from your ex-partner’s wages or bank account or applying to the court for a liability order.
Child Maintenance Solicitors
Our experienced Child Law solicitors at Bookers & Bolton Solicitors understand how stressful it can be to agree to arrangements for your children with your former partner, especially if the relationship ended badly.
We aim to make the entire process as straightforward and seamless as possible.
Our team also consists of mediation experts who can help you come to an amicable conclusion when agreeing on child maintenance.
If there is no possibility of a voluntary agreement, we will guide you through applying to the Child Maintenance Service (CMS) or applying to the family court for a court order.
Our highly experienced team of Family Lawyers have supported many families in a wide range of child law matters, helping them resolve child maintenance issues both directly and through the CMS. We also have the knowledge and expertise to guide families through the family court system.
For legal advice about child maintenance from experienced Family law solicitors, please contact us on 01420 558335, email enquiries@bookersandbolton.co.uk or make a free online enquiry.
