Child Support and Maintenance

Child support and maintenance are essential areas of family law in the UK that deal with the financial support of children after the separation or divorce of their parents. When parents separate, it is important to ensure that the child's financial needs are met, and the law aims to provide a fair and equitable system for calculating child support.

In this blog post, we will discuss child support and maintenance in detail, including how it is calculated, who is responsible for paying, and what happens if payments are not made.

What is Child Support?

Child support is the regular financial contribution made by one parent to the other to help meet the costs of raising a child. The parent who pays child support is often referred to as the non-resident parent, while the parent who receives it is the resident parent. Child support is paid to help cover the child's essential needs, such as food, clothing, and housing.

In the UK, the Child Maintenance Service (CMS) is responsible for calculating and collecting child support payments. The CMS is a government agency that provides free support and guidance to parents regarding child support and maintenance.

How is Child Support Calculated?

Child support payments are calculated based on a set formula that takes into account several factors, including the non-resident parent's income, the number of children, and the amount of time the children spend with each parent. The formula is designed to be fair and to ensure that the child's financial needs are met.

The CMS uses two methods for calculating child support: the gross income method and the net income method. The gross income method is used for parents who earn over £3,000 per week, while the net income method is used for parents who earn less than this amount.

Under the gross income method, child support is calculated as a percentage of the non-resident parent's gross income, ranging from 9% for one child to 16% for four or more children. The percentage increases for parents who earn over £3,000 per week. Under the net income method, child support is calculated as a percentage of the non-resident parent's net income, ranging from 12% for one child to 27% for four or more children.

In addition to the basic rate of child support, there may be additional payments required for things like childcare, healthcare, and education.

Who is Responsible for Paying Child Support?

In the UK, both parents are responsible for financially supporting their child, regardless of whether they are living together or apart. The non-resident parent is typically responsible for paying child support, while the resident parent is responsible for using the payments to meet the child's needs.

If the parents are unable to reach an agreement on child support, the CMS can provide guidance and assistance in calculating the appropriate amount. The CMS can also collect and enforce child support payments if necessary.

What Happens if Child Support Payments are Not Made?

If a non-resident parent fails to make child support payments, the CMS has the power to take enforcement action to ensure that the payments are made. Enforcement action can include:

• Deducting child support payments directly from the non-resident parent's wages or benefits

• Seizing money from the non-resident parent's bank account

• Taking legal action to recover unpaid child support

• Issuing a court order to enforce child support payments

In extreme cases, the non-resident parent may be sent to prison for failing to pay child support. However, imprisonment is generally seen as a last resort and is only used in cases where other enforcement measures have failed.

It is important to note that child support payments cannot be avoided by declaring bankruptcy or leaving the country. The CMS has the power to enforce child support payments regardless of the non-resident parent's financial or geographical situation.