Child maintenance in the UK

Break-ups are never easy, but for couples with children, matters can be further complicated by the question of covering the costs of raising them. This is important, because the status of the relationship has no bearing on the duty to care for the child - parents are jointly responsible for covering the costs of bringing up their child. It is therefore worth learning more about child maintenance in England. Who is obliged to pay child maintenance? How do you arrange it, and how is the amount worked out?

Who has to pay child maintenance in the UK, and when?

Child maintenance is financial support towards a child’s upbringing, paid when one of the parents does not live with the child. Importantly, the obligation to support the child does not depend on the type of relationship between the parents. This means that a person who does not live with the child but is legally its parent (biological or adoptive) is responsible for supporting the child together with the other parent/carer, and must pay maintenance not only after a divorce, but also where the parents were never in a formal relationship.

Who is entitled to child maintenance in the UK?

You can apply for child maintenance in England if:

• your child is under 16, or under 20 if they remain in full-time education,

• you live permanently and legally in the United Kingdom,

• you are a parent (even if you do not live with the child), a grandparent caring for the child, or the child’s guardian.

How do you arrange child maintenance in the UK?

How you arrange child maintenance in England largely depends on whether both parties are able to reach an agreement on their own. The details of child maintenance can be arranged:

• through a private, family-based arrangement between the parents,

• through the Child Maintenance Service,

• through the courts during a divorce or the dissolution of a civil partnership.

You can find out more about each of these options using the ‘Get help arranging child maintenance’ tool.

The Child Maintenance Service provides help with arranging maintenance when it is impossible for the parents/carers to reach an agreement. This service also lets you sort things out when you are unable to contact the other parent (for example, if you do not know their current address, the CMS will try to locate them within its powers) or you do not want to do so.

• Important! If you have reason to believe that the other parent knowing your current name or address would put you or your child at risk, make sure you tell the Child Maintenance Service.

Is child maintenance in the UK possible if one of the parents lives abroad?

It all depends on which country is involved. Enforcing maintenance payments from or by people living outside the UK is only possible with countries that have signed a Reciprocal Enforcement of Maintenance Orders (REMO) agreement with the United Kingdom - for Poles living in the UK, the key piece of information is that Poland is among those countries.

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How much is child maintenance in the UK?

Where the parents reach an agreement between themselves, the amount of maintenance depends on their individual arrangements. To work it out, you can use the government calculator, which estimates the maintenance amount based on the information you provide about the other parent (income, benefits, the number of nights the child spends under their roof), but this is neither a required nor a maximum amount.

If the matter is handled through the Child Maintenance Service, a specific amount the other parent has to pay will be calculated, taking into account their income and other outgoings (such as maintenance for other children). Once the amount has been set, you need to choose a payment method. There are two options here:

• Direct Pay: maintenance is paid directly to the other parent,

• Collect and Pay: maintenance is paid to the Child Maintenance Service, which then passes it on to the other parent.

Within one month of the first CMS decision on the maintenance amount, you can apply for a so-called mandatory reconsideration. You can also apply for the amount to be changed if the paying parent has another source of income or outgoings that were not taken into account.

• Important! If you receive benefits (such as Universal Credit), child maintenance will not affect their amount.

How often is child maintenance paid in the UK?

The first payment usually takes place within 12 weeks of applying for child maintenance. It is also worth knowing that although the amount is set as a weekly rate, payments can be made in different ways depending on the situation of the paying parent. Most often these are weekly or monthly payments, but they can also be made fortnightly (for example, where the paying parent receives a benefit every two weeks).

When is child maintenance in the UK not payable?

The obligation to pay maintenance ends when the child turns 16 (if they do not continue their education) or 20 (if they remain in full-time education).

The way care responsibilities are shared also matters. Even if you do not live in the same household, if both parents are equally responsible for raising the children, the CMS may decide there are no grounds for awarding maintenance.

Another situation worth noting is a refusal to acknowledge the child. If one of the parents involved objects to the duty of care and the payment of maintenance because they believe the child is not theirs, confirmation will be needed, for example through a DNA test or a court decision. Maintenance may be suspended until the doubts are resolved.

What can you do if the other parent does not pay child maintenance in the UK?

If maintenance is not paid on time or in the agreed amount, you can take steps to recover the arrears. Both in the case of a private arrangement and maintenance paid via Direct Pay, you can report the problem to the Child Maintenance Service. With maintenance paid through the CMS there is no need to report late payments separately - they will be recorded automatically.

What help can you expect? If no agreement can be reached and the paying parent is unable or refuses to settle what they owe, the CMS can take steps to recover the arrears, for example from their wages or benefits, or even involve bailiffs in the case.