What is the law on child maintenance UK?

By law, all parents have a duty to support their children financially. A parent who doesn't have day-to-day care of their child must pay maintenance to the parent who does.

Do fathers have to pay child maintenance UK?

You must have a child maintenance arrangement if your child is under 16 (or under 20 if they are still in full-time education). Both parents are responsible for the costs of raising their children, even if they do not see them.

How long does a father have to pay child support in UK?

Contacting the Child Maintenance Service

You're normally expected to pay child maintenance until your child is 16, or until they're 20 if they're in school or college full-time studying for: A-levels. Highers, or. equivalent.

Do fathers legally have to pay child maintenance?

Arranging child maintenance

When possible, you should make sure your child is looked after by having an effective maintenance arrangement in place. Both parents are legally responsible for the financial costs of bringing up their children, even parents who don't live with their children.

How much should a father pay child maintenance?

12% of your gross weekly income for one child. 16% of your gross weekly income for two children. 19% of your gross weekly income for three or more children.

ABOVE THE UK LAW - UK Child Maintenance Services (Part 1)

Do you have to pay child maintenance if you have 50/50 Custody UK?

The law changed recently so that if there is 50:50 shared care the non-resident parent does not pay any child maintenance anymore if they can prove that they are doing an equal amount of the everyday care of the children.

Do I have to pay child maintenance if my ex remarries?

Whether or not you have remarried, or your ex-partner has remarried, does not affect the obligation to continue paying child maintenance.

Is it illegal not to pay child maintenance?

Under normal circumstances, the Child Maintenance Service (CMS) can take action against a parent that doesn't pay child maintenance in full or misses a payment. However, the last 12 months have hardly been normal.

What does the law say about child maintenance?

What is maintenance, and who has the duty to pay maintenance? The law, specifically the Children's Act 38 of 2005, states that parents, whether in a relationship or not, must make necessary financial contributions to the care, upbringing and development of their children.

When can you stop child maintenance?

When does child maintenance stop? If child maintenance has been paid under a Child Maintenance Service Agreement, then the law states that maintenance will be paid until: The child is 16 years old. The child is 20 years old if they continue in full-time education to the end of A- levels.

Can child maintenance be backdated?

All in all, child maintenance can be backdated for a long period, but there's no definitive answer as to how long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.

Does a mother have to pay child maintenance?

You don't have to pay child maintenance. The CMS will look at all the arrangements you have for caring for your child, not just how many nights they spend with each of you. You should keep a diary to show how often you care for your child so you can prove you share care equally.

What should child maintenance pay for?

Child maintenance covers the cost of the everyday care of the child, such as food, clothes, and housing. Expenses such as school fees do not fall under child maintenance – parents who are getting a divorce can make a “Family Based Arrangement” to deal with costs like this.

What happens if a paying parent doesn't pay child maintenance?

A liability order allows the CMS to take legal action against the paying parent to recover the debt. They could: Negotiate payment using bailiffs, or ask them to seize and sell the paying parent's belongings. Use an 'order for sale' to sell the paying parent's assets or property and take the proceeds.

Does a man have to pay child support if he doesn't want the child UK?

You have a duty to support your child financially if you live in the UK and your child qualifies for support. Even if you don't have contact with the child, you are still legally responsible for child support.

Is child support mandatory?

A mother or a father can be ordered to pay child support. It is not necessary that the parents were ever married for a parent to be ordered to pay child support. In some cases there might be a dispute regarding who the biological father of the child is.

Can I take my ex to court for child maintenance?

Applying to the courts for child maintenance

If you can reach an agreement for child maintenance with the other parent you can apply to the court to make it a formal legally binding agreement. This is called a consent order.

How accurate is the child maintenance calculator?

Hi the calculator is fairly accurate. The CMS don't take your living expenses into account, there are rare occasions for varying the amount but that's for things like if you have to spend a lot on travelling to see your child for example.

What happens if maintenance is not paid?

If a resident has not paid his maintenance due till the decided due date, you may give a written notification of 12 days extra to make the payment, and then a grace period of 3 days. If still not paid, discuss with the Management Committee and send a notice to the defaulter.

Does living with a new partner affect child maintenance UK?

Child maintenance remains payable whether or not your ex is living with a new partner. The obligation to pay child maintenance continues regardless of your ex's circumstances.

Does my ex wife's income affect child support?

And does their income affect how the child support is worked out? No, a new spouse of a payor is not responsible for making support payments. And usually the income and assets of a new spouse (of either a payor or a recipient) aren't considered when child support amounts are being worked out.

What age do you stop paying CSA UK?

The parent paying CSA / CMS will usually be expected to continue to pay CSA / CMS until the child reaches 16 years old (CSA / CMS stops on 31 August after/on their 16th birthday), or 20 years old if they are in approved education or training.

Do I pay child maintenance for a child at university UK?

If a child is at university they do not qualify for maintenance through the Child Maintenance Service and as a general rule the court will not make an order to support them.

How many overnight stays affect child maintenance?

Child maintenance payments

If shared care happens for an average of one night a week or more (at least 52 nights a year), this can affect the amount of child maintenance. The more nights that the child stays overnight with the paying parent the less child maintenance is due.