The legal system generally tries to keep disputes regarding children and finances separate. However, it is also essential that the parent who does the majority of the care for the children is financially supported to ensure the children’s standard of living. For child maintenance to be payable, there is no requirement that the parents are or were married, or have been a formal couple.
The law in respect of child maintenance applies to all children, regardless of their parents relationship to each other. Lots of parents, even those who remain amicable after separation, run into issues when it comes to child maintenance.
This is made harder by the amount of misinformation that is out there or what might seem like quite a complicated calculation to work out how much maintenance should be paid.
Myth 1 – One parent can take the other parent to court over a child maintenance dispute.
Child maintenance is administered by the Child Maintenance Service. This is entirely separate to the family courts. The Child Maintenance Service can assess, administer and enforce child maintenance payments.
The family court would only ever get involved in child maintenance disputes if there is a question that falls out of the jurisdiction of the child maintenance service – which just means that the child maintenance service is not empowered to make decisions about a particular situation. There are only a small number of such situations, for example, such as where one party has a particularly high income, over £156,000,where either of the parents or the children live outside the UK or where a child has a disability. The majority of child maintenance assessments will be dealt with by the Child Maintenance Service, not the court.
There are some circumstances where the Child Maintenance Service can ask the court to make a court order, for example if one party is not paying the level of maintenance that they should be. They have wide ranging powers and can, in some circumstances ask an employer to deduct money from wages or a bank account, without a court order.
Myth 2 – A financial settlement deals with child maintenance.
The Child Maintenance Service will generally still administer the issue of maintenance, even if the parents obtain financial order arising out of divorce.
If the parents of a child who are divorcing resolve their finances by way of a financial order (known as a ‘consent order’), they can sometimes deal with the level of maintenance that should be paid in the order, if the parents can agree the amount. However, even if it is agreed at this stage, this agreement only prevents an application to the Child Maintenance Service for 12 months and after this time, either of the parents can give notice and then apply to the Child Maintenance Service for an assessment
Myth 3 – Equal shared care means you do not have to pay any child maintenance.
This is a really common misconception. What you will be required to pay will depend on a number of factors, including the exact nature of the arrangements for your children and our income. You should be very wary of assuming that you should not be paying child maintenance and should always take advice and refer to the guidelines.
Myth 4 – You can withhold child maintenance if you are in financial dispute with your ex.
Again, the financial obligation to pay child maintenance is entirely separate to your financial settlement or any other dispute with your ex partner. Regardless of any other arguments or issues, your child maintenance liability remains. Maintenance payments should never be withheld as part of a dispute, as a bargaining chip or an incentive. None payment of maintenance is taken very seriously by the Child Maintenance Service. If you do not pay the child maintenance that you should, you will start to accrue arrears, which can be recovered from you.
Myth 5 – If you’re unemployed, you don’t have to pay any maintenance.
If you are unemployed but receiving state benefits, allowance or entitlement, including universal credit, then you will still be required to pay child maintenance but at a lower, set rate. The rate, if you do not have any care of your child/children will be £7 per week but if you have them for 52 nights per year (1 night per week) it will then be £0.
If you are worried that your ex partner is not paying enough maintenance, that you’re paying too much or don’t know where to start, contact our expert team.