Child maintenance is an important financial consideration for separated parents. Whether you are arranging payments, disputing an assessment, or seeking additional financial support, understanding the process can help ensure a fair outcome for all parties involved. The Child Maintenance Service (CMS) provides a structured approach to determining payments, but in some cases, the family court may also play a role in securing appropriate financial provision for children.
What is child maintenance?
Child maintenance is payable where parents are separated, and one parent is no longer living with the child. The payments are intended to assist the parent with care of the child with costs associated with raising the child (or children). Child maintenance is governed by the Child Maintenance Service (CMS) and generally falls outside of the jurisdiction of the family court. Child maintenance is payable irrespective of the length and/or legal status of the relationship of the parents.
How is child maintenance calculated?
The amount payable is governed by a statutory formula and the initial calculation may be reduced depending on the amount of time that the child spends with the paying parent. Many parents utilise the online CMS calculator to agree the child maintenance payable in their situation. If an agreement cannot be reached, either party can apply to the Child Maintenance Service for a formal assessment.
Disputing a child maintenance assessment
Where assessments are disputed, there is an appeals process to the First-Tier Tribunal. These proceedings can be extensive and complex. Specialist legal advice should be sought before embarking on an appeal.
Where can the family court intervene?
If the parent paying child maintenance earns a salary over the CMS ‘cap’ (currently £156,000 gross per annum), the family court does have the jurisdiction to make a ‘top-up’ order to ensure appropriate financial support is provided for the benefit of the child. Additional orders through the family court for periodical payments for the benefit of children can also be obtained in circumstances where:
- The child (or children) have educational costs
- There are costs associated with disability
- Further financial provision is required under Schedule 1 Children Act 1989
Free initial consultation
Whilst the CMS is intended to provide clarity and simplicity, the position is not always clear-cut. Our specialist family solicitors can advise on appropriate financial provision for children and take you through the process of securing payment, either through the CMS or, where appropriate, the family court.
Please get in touch with one of our family law experts today on 0800 2800 421 to organise a free initial consultation.
