Are you married or in a civil partnership, or not? This makes some difference to the position, especially in terms of how the claims are resolved.
When parents separate, financial provision for children is one of the first practical questions to resolve. The arrangements you put in place now will affect your children's day-to-day lives, and getting them right matters. As expert child maintenance solicitors, we advise on the full range of child support options, from family-based agreements through to court proceedings where necessary.
How child maintenance is usually calculated
For most families, child maintenance is calculated using the Child Maintenance Service (CMS) formula, which is based on the paying parent's gross weekly income, the number of qualifying children, and how much time the children spend with each parent. The formula applies to income up to £3,000 per week (£156,000 per annum). It is worth using the government's online CMS calculator to get an initial estimate before taking advice, though the figure it produces is a starting point rather than a guarantee of what will be agreed or ordered.
Parents can choose to make a private child maintenance agreement between themselves without involving the CMS at all. These arrangements can be more flexible and are often less adversarial, but they are not legally enforceable in the same way as a court order. We can advise on how to structure a child maintenance agreement that works for your family and offers as much certainty as possible.
Challenging a CMS decision
If you believe the CMS has made an error in its calculation, you can request a mandatory reconsideration within 30 days of receiving the decision letter. If you are not satisfied with the outcome of that review, you have one month from the reconsideration decision to appeal to the Social Security and Child Support Tribunal. Grounds for challenge include errors in the income figure used, failure to account for shared care arrangements correctly, or a refusal to apply a variation where one is warranted.
Navigating this process is more straightforward with legal support, particularly where the paying parent's income is complex, where assets have been obscured, or where a variation is being contested. An experienced child maintenance solicitor can advise on the strength of a challenge and help you prepare.
Child maintenance top-up payments
Where the paying parent's gross income exceeds £156,000 per annum, the CMS will make a maximum assessment. Once that assessment is in place, the family court has jurisdiction to award additional child maintenance on top of the CMS figure. These are known as top-up payments and are available under Schedule 1 of the Children Act 1989.
Top-up orders can also cover additional financial support beyond basic maintenance, including school fees, housing costs, a vehicle for transporting the children, and other necessities appropriate to the circumstances. The court takes a number of factors into account, including the income and resources of both parents, the child's needs, and the standard of living they would have enjoyed had the family remained together. These claims can be complex, and taking advice from a child maintenance solicitor early in the process can make a significant difference to the outcome.
Child support after divorce or separation
Both married and unmarried parents can make child maintenance claims. Where parents were not married, Schedule 1 of the Children Act 1989 also provides a route to financial provision for the parent with primary care, covering housing and other necessities for the duration of the children's dependency. This is covered in more detail on our cohabitation page.
We're always happy to have a no-obligation chat about the way forward. Visit familylawcity.co.uk or call us on 020 4579 5360.
-
What if the other parent isn’t letting me see the children?
There is no connection between child arrangements and each parent’s financial responsibilities to the children. Child maintenance must still be paid regardless.
-
What if my ex is self-employed and doesn’t disclose all of their income?
This makes matters tricky, as for self-employed parent’s the CMS will go by the paying parent’s latest tax returns. You can, however, challenge a calculation through the CMS if you believe it doesn’t reflect what should be being paid by way of child support.
-
Do I need a court order?
No, the court does not have jurisdiction to deal with child maintenance. It is dealt with through the CMS, unless your ex earns more than £156,000 a year before tax or who lives abroad.
-
The CMS calculation doesn’t cover all of my children’s expenses. Can I apply for more?
Child support is a contribution towards your children’s expenses. Any shortfall usually has to be made up by the other parent. If you were married to the paying parent, any shortfall can sometimes be made up by a contribution from spousal maintenance depending on your circumstances.
-
Can I control how my ex spends the child support I pay her?
No, it is up to the parent in receipt of the child support how they spend it.
-
What if I am paying child support for my other children, will this be taken into account?
Yes, the calculation takes into account other financial obligations you have and how much time the children spend with you. Follow this link to see how the CMS works out child maintenance.