Child Maintenance

Who Has to Pay Child Maintenance?

Child maintenance is paid by the non-resident parent, meaning the parent that does not reside with the child for the majority of time.

How is Child Maintenance Set?

There are a few ways in which the amount of child maintenance can be decided:

• Agreement between the parties – you and your former partner may agree on a reasonable amount payable as child maintenance.

• Child Maintenance Service – if you and your former partner cannot agree on how much child maintenance should be paid, either one of you may apply to the Child Maintenance Service who will calculate this based on the non-resident’s parents income and how often they have the child overnight.

• Court Order – on some rare occasions, the Court may make an order for financial provision for your child, such as a transfer of a property or a lump sum payment. Court Orders are common where the paying parent has a much higher income or they live abroad.

When Do Child Maintenance Payments Stop?

The paying parent will be expected to continue paying child maintenance until the child reaches the age of 16 or they finish full-time education, which is usually by the time the child is 20. If the paying parent fails to make payments during this time, then the Child Maintenance Enforcement Commission (CMEC) has the power to enforce payment; in some cases, they may do this by an attachment of earnings or freezing their assets. 

If you would like to find out how much Child Maintenance you should be receiving or paying, please visit the Child Maintenance Service online calculator:  Calculate your child maintenance - GOV.UK (www.gov.uk).