"Parenting and Paying: Understanding Child Maintenance in the UK"
Getting divorced or separated is never easy, especially when it comes to sorting out the financial arrangements for your children. If you're the parent who won't be living with your child(ren) full-time, you'll need to agree on a child maintenance arrangement to make sure they're financially provided for. Don't worry, we've got you covered!
In this article, we'll help you understand everything you need to know about child maintenance in the UK, including how it's calculated, how you can make an agreement, and what you can do if you're facing a dispute.
So, what exactly is child maintenance? Child maintenance is a financial arrangement between parents to provide for the costs of raising a child when one parent no longer lives with the child full-time. This can include things like food, housing, clothing, and education. The parent who doesn't live with the child full-time is the one who pays child maintenance.
Attempting to agree child maintenance can seem overwhelming and at times confusing, but there are several options available to you. You can make a direct voluntary agreement with the other parent, to assist you in deciding the appropriate amount you can use the government's Child Maintenance Service (CMS) calculator to calculate the payments. If you can't agree on an arrangement, either of you can approach the CMS to make a decision for you.
Child maintenance in the UK is calculated based on the paying parent's income, the number of children involved, and the amount of shared care (i.e. the number of nights the child spends with the paying parent). The Child Maintenance Service will reference the paying parent's income to determine how much they should pay, taking into account things like benefits, additional assets, and expenses. The amount of maintenance also depends on the number of children involved and the amount of shared care.
When calculating child maintenance, the paying parent's total taxable income (after the deduction of any pension contribution) is used this can be weekly, monthly or yearly. The CMS apply a system of bands to decide the proportion of the paying parent’s income should be paid as a contribution to child maintenance. This amount will also vary according to the number of children involved.
If you want to get an accurate calculation of how much child maintenance you'll need to pay, you can use the Child Maintenance Calculator on the GOV UK website.
If you make a voluntary arrangement, you'll need to agree on the amount of maintenance to be paid, how and when the payments will be made, and an agreed date to review the arrangement and make any changes if necessary. This sort of agreement can be included in a Financial Remedy Order and form part of the financial settlement of a divorce. An experienced family solicitor can help draft the terms of any agreement in a clear and binding way to avoid future disputes. When included into a carefully considered consent order, this approach can save time, stress and lead to a better ongoing co-parenting relationship.
What the paying parent's earnings cannot be verified? In this case, a "default child maintenance decision" may be applied.
Finally, it's important to note that child maintenance in the UK can only take into account weekly incomes up to £3,000. If the paying parent earns more than this amount, the receiving parent may need to take the matter to court to request a higher amount of maintenance.
To make the process of calculating child maintenance less confusing, you can use the Child Maintenance Calculator on the GOV UK website. This tool will provide you with an accurate estimate of how much maintenance you should pay or receive based on your individual circumstances.
Going through a divorce or separation is never easy, but with the right support, you can ensure that your children are taken care of financially. Give us a call today on 0333 9205911 to schedule a consultation or visit our website at www.familylawconsultants.co.uk if you feel you need the help and support of our dedicated, expert family team.
Written by Joanne Bennett
