Key facts about child maintenance

Janine Hutson, Senior Associate

Child maintenance is paid when parents live separately, and children spend more time in the care of one of their parents than the other.

A parent who has care of their children less than 50% of the time has an obligation to pay child maintenance to the other parent. In the UK, the amount to be paid can either be agreed between the parents or assessed by the Child Maintenance Service (CMS). The CMS uses a specific formula for calculating child maintenance, based on the paying parent’s gross income and the number of nights the children spend with them each year. Other circumstances, such as the paying parent having other dependent children will also be taken into account. In addition to assessing the amount to be paid, the CMS can also collect payments from the paying parent, if necessary.

If the paying parent lives abroad, the CMS can only make an assessment or collect maintenance if the paying parent is employed by a UK company or organisation.

If a paying parent has a gross income of more than £156,000 per annum, the child maintenance service will make the maximum award. If a paying parent earns more than this amount, the Family Court can make a ‘top up’ order. It is necessary to apply to the CMS and receive a maximum award first, before applying to the Family Court for a ‘top up’ order.

Unlike the CMS, the Family Court does not currently adopt a specific formula for calculating the top up award. The Family Court uses its discretion to calculate the amount of child maintenance to be paid. Expenses paid for the benefit of the children, such as school fees and extracurricular activities can be considered by the Court in their calculation. The top up amount to be paid will be determined based on the specific circumstances of each case. Precedent set by previous cases will be considered by the Court, but only as a starting point for their decision.

The legal costs of Court proceedings relating to child maintenance should be considered, and every effort should be made to resolve disputes by negotiation before an application is made to the Court.

Child maintenance is paid until a child ceases their full-time approved education or training, or when they reach the age of 20, whichever happens first. Approved education or training includes A Levels, most vocational qualifications, pre-apprenticeships and unpaid training. It will not include university education or apprenticeships.

For more advice on separation, divorce or legal assistance for families please contact the Family Law department on 0161 832 3434 or email info@kuits.com.