All parents, by law, are required to financially support their child, regardless of whether they have parental responsibility, or even when one parent has no contact with the child. When you are going through a relationship breakdown, making financial arrangements with the other parent for your child and their day-to-day expenses is essential for maintaining your child’s care and their upbringing. Unfortunately, payment of child maintenance is a commonly contested issue between separating parents so our experts answer the most commonly asked questions pertaining to child maintenance.
What is child maintenance?
Child maintenance is a regular financial arrangement that supports the costs of a child’s upbringing and is paid to the parent who is the primary carer of the child. It is a payment often governed by the Child Maintenance Service (CMS) whereby the calculation of maintenance will be determined by the gross income of the non-resident parent.
Child maintenance is the maintenance payment to help with:-
- Children under 16
- Child under 20 years who are in full-time education
- Children under 20 and living with a parent who is in receipt of child benefit for the child
Does child maintenance cover clothing?
Yes, this typically covers expenses for the child including clothing, food and shelter.
How much child maintenance should I pay?
If you and the other parent cannot come to an agreement on the amount of maintenance to be paid, the Child Maintenance Service will calculate it for you.
The calculation will be determined by the following factors:-
- Non-resident parent’s gross income
- Any benefits they are in receipt of
- If they are paying maintenance for any other dependent children
- The number of children
- The number if any of any overnight contact with the subject child/children
If you are wanting to find out how much maintenance you will receive or how much you should pay if you are the non-resident parent click here to the government child maintenance calculator.
How does child support and spousal maintenance work?
It is fairly common for both child support and spousal support to be used interchangeably but it is important to note, they are two completely separate payments.
Spousal maintenance is financial support for those who are married and are legally entitled to make a claim for financial support under the Matrimonial Causes Act 1973, to ensure the needs are met for both parties and any dependant children of the marriage. Unlike married couples, those who are not married are not afforded the same luxury and are not entitled to spousal maintenance, however, if you are not married and you have children, you may be able to apply under the provision of what is known as a Schedule 1 Order.
What happens if we share the time spent with our children equally?
If you share child arrangements equally, maintenance may be reduced. Remember, parents do not have to use the Child Maintenance Service and can reach an agreement between themselves but both parties must be satisfied that the agreement is fair.
Why Birkett & Co Solicitors?
Our family lawyers understand the complications involved in maintenance agreements. If you are unsure on any of the issues discussed above, please do not hesitate to get in touch with a family lawyer.