Debunking common myths about child maintenance
16 August 2024
Child maintenance is a crucial aspect of ensuring children’s financial well-being, especially when parents are separated or divorced. Unfortunately, several myths persist around child maintenance, leading to confusion and misinformation. Let’s debunk some of these myths:
Myth 1: “Child maintenance only applies to divorced couples”
Fact: Child maintenance is not exclusive to divorced couples. It applies to all parents, regardless of their marital status. Whether you were married, in a civil partnership, or never lived together, both parents have a legal obligation to financially support their children.
Myth 2: “Child maintenance is optional”
Fact: Child maintenance is not optional; it’s a legal duty. The parent with whom the child does not primarily live (the non-residential parent) must contribute financially. Even if parents have an informal arrangement, the legal obligation remains.
Myth 3: “Child maintenance only applies until the child turns 18”
Fact: The duty to support children can extend beyond their 18th birthday. This obligation may continue through higher education or vocational training.
Myth 4: “I can avoid child maintenance by quitting my job”
Fact: Quitting your job to avoid child maintenance is not a valid strategy. The Child Maintenance Service (CMS) can assess your earning capacity based on your qualifications, work history, and potential income. Deliberately reducing your income won’t exempt you from your obligations.
Myth 5: “I can avoid child maintenance by moving out”
Fact: Some people mistakenly believe that child maintenance is only applicable when the non-residential parent lives in the same household as the child. However, child maintenance responsibilities apply to all parents, regardless of their living arrangements. Whether the parents live together or separately, both have a legal obligation to contribute to the financial support of their child.
Myth 5: “Child Maintenance is fixed forever”
Fact: Child maintenance orders can be reviewed and adjusted. Circumstances change over time – your income, the child’s needs, and living arrangements. If there’s a significant change, either parent can request a review through the CMS.
Myth 6: “I don’t need to pay if I have shared care”
Fact: Shared care doesn’t exempt you from child maintenance. The CMS considers shared care when calculating payments. If you share care equally, your maintenance liability may decrease, but it might not disappear entirely.
Myth 7: “I can hide my income to pay less”
Fact: Concealing income to pay less child maintenance is both unethical and illegal. The CMS can investigate and assess your true income. If you’re caught hiding income, you may face penalties or legal consequences.
Myth 8: “Child maintenance is only for biological parents”
Fact: Child maintenance applies to all legal parents, including biological parents, adoptive parents, and step-parents. If you have parental responsibility, you’re responsible for maintenance.
Understanding the truth about child maintenance is essential for both parents. Debunking these myths ensures that children receive the financial support they deserve. If you have any questions or need clarification on your individual circumstances, please contact a member of Birketts’ Family Team.
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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.