Child Maintenance: five top tips
7 August 2024
Going through a divorce or separation can be an emotional and difficult process for all involved. Whilst there are many issues to work through, ensuring your children’s financial well-being can be one of the most important. To help simplify what can be a tricky topic, below is a list of top tips to get you started.
- Understand your obligations
Child Maintenance applies to all parents, regardless of marital status or living arrangements. It refers to the basic financial support payable by the non-resident parent to the resident parent. Essentially, the parent who has day-to-day care of the children receives payments from the parent who doesn’t.
2. Know what Child Maintenance covers
Child maintenance payments are intended to provide financial assistance for the basic needs of the children. This includes housing, food, clothing and education. Whilst it ensures consistent financial support, it is unlikely to meet all costs associated with the children, unless there has been a specific amount agreed between the parents.
3. Agreeing an amount
If possible, discuss the payments with the other parent and see if an agreement can be reached. The agreement should cover the amount, payment schedule and review dates. If communication is open and effective, it may be possible to agree a set amount, with some flexibility around extra payments to cover unforeseen, additional needs and costs.
4. Use the Child Maintenance Service
If an agreement cannot be reached, the parent looking to receive the payments can start an application with the Child Maintenance Service (CMS.) The CMS will calculate the appropriate level of pay, based on the non-resident parent’s yearly gross income and how many overnights the child stays with them, amongst other factors. The CMS will gather the necessary information and can implement a payment plan.
5. Know when maintenance will stop
Child maintenance payments should continue until the child is 16 years old. However, if after that time they remain in full-time education (but not studying any higher than A Levels or equivalent) the arrangements continue until they are 20 years old.
Child maintenance is essential for your children’s well-being. Whether through mutual agreement or the CMS, it is important to prioritise their financial stability during an uncertain time. If you require assistance navigating child arrangements or maintenance agreements, please contact a member of the Family Team at Birketts.
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Georgia Butterworth
Services
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at August 2024.