Who has to pay child support in the UK?
In the United Kingdom both parents are legally responsible for the financial needs and support of their child, regardless of their relationship status, or whether the parents were married or not. This includes a biological parent, an adoptive parent, and a legally recognised parent (such as in cases of surrogacy or IVF).
Typically, child support is made by the non-resident parent to the parent with whom the child primarily lives with. This could be a parent, grandparent, or legal guardian.
Child support can be paid by a private maintenance arrangement, or formally through the Child Maintenance Service (CMS).
Who qualifies for child support UK?
Child support, also known as child maintenance, is available for any child living in the United Kingdom under the age of 16 years, or under 20 years of age if they are in approved education or training.
How is child maintenance calculated?
Child Maintenance in England and Wales is based on a formula with the following 3 elements:
The amount of the non-residential parent’s gross weekly income which includes salary or wages (before tax), bonuses and overtime, and some benefits.
If a person earns an income between £200 and £800 per week, a basic rate calculation will apply:
- For one child – 12% of gross income.
- For two children – 16% of gross income.
- For three or more children – 19% of gross income.
In cases where the non-residential parent earns a gross income of less than £200 per week, a flat rate of maintenance is payable.
Adjustments to the amount of child maintenance will be made where the non-residential parent has other children, they are financially responsible for, and if the child that is subject to the maintenance payment stays overnight for a certain number of nights per year.
What should child support be spent on?
Child maintenance payments are intended to cover the everyday living expenses of a child. These expenses typically include:
Food, housing, clothing, childcare, health care, educational expenses, and transport.
The recipient of child maintenance has the discretion over how the funds are used.
At what age does child support end in UK?
Child maintenance typically ends when a child reaches the age of 16 and they are not in full-time education.
When a child is in full-time education, child maintenance continues until the child reaches 18 years old or ceases full-time secondary education, whichever is later.
If the child remains in full-time non-advanced education such as A-levels or equivalent, payments may continue until they are 20 years old. For children in full-time education, payments usually end on the 31st of August following their 18th birthday, or when they finish their course, whichever is later.
Are there any exceptions when child support is not payable?
There are some situations where a parent may not be required to pay child support:
- When both parents look after the child equally
- The parent is in prison.
- The parent is a full-time student.
- The parent is not a habitual resident of the United Kingdom.
Can I stop child maintenance if I can’t see my child?
Child maintenance and contact to a child are separate legal issues and should not be confused. The financial support of a child is a legal obligation that continues whether or not you have contact to your child. Both parents are responsible for financially supporting their child.
If you are being prevented from seeing your child, you should continue paying child maintenance but take appropriate legal action to enforce your legal rights.
Failure to pay child maintenance can result in serious consequences such as the suspension of your driving license, or an attachment of earnings.
What happens if I don’t pay child maintenance?
Failure to pay child maintenance can lead to the following legal and financial consequences.
The CMS can instruct the payers employer to deduct maintenance payments directly from their wages.
The CMS can also direct that regular payments or a lump sum withdrawal are removed from the paying parent’s bank account.
Alternatively, the CMS may obtain a Liability Order that allows them to take action to recover unpaid child maintenance. One method of enforcement is to send bailiffs to collect the debt.
A court can revoke the paying parent’s driving license or passport for up to two years if they are found to have deliberately avoided payment.
In extreme cases, the court can impose a prison sentence for non-payment.
Do I have to pay child maintenance if I am not a child’s father?
You are not required to pay child maintenance if you can prove you are not the biological father of the child. If there is a dispute as to paternity, the CMS can request a DNA test to establish parentage. If the DNA test confirms you are not the child’s father, you can apply to the Court for a Declaration of Non-Parentage.
A declaration ensures that individuals who are not parents are not held liable for child maintenance or other parental obligations or responsibilities.
What is a paternity test?
A paternity test is a DNA-based procedure used to determine whether a man is the biological father of a child. A test will analyse specific genetic markers from the child and the alleged father to determine paternity.
Paternity tests are usually used for resolving child support disputes and applying for rights in respect of a child.
Paternity tests can also be used to add or remove a father’s name from a child’s birth certificate.
What is a Declaration of Parentage?
A Declaration of Parentage is a declaration that establishes or clarifies whether an individual is a parent of a child, and is used where paternity is disputed. The application is made under Section 55A of the Family Law Act 1986. Obtaining a Declaration can result in a correction or update of information to the child’s birth certificate, such as adding a father’s name, when previously it had been omitted.
The court can also make a Declaration of Non-Parentage, stating someone is not the parent. A Declaration only confirms parentage, it does not grant Parental Responsibility. Additional steps are required to obtain this, such as applying for a Parental Responsibility order or entering into an agreement with the child’s other parent.
What is a family-based arrangement?
A family-based arrangement is a private informal agreement between parents on how they will financially support their child without involving a third party such as applying to the CMS, or the Court.
Parents can agree on any arrangement that suits their situation, including regular payments or direct payment for specific items like school uniforms or school trips. An arrangement can also include non-financial contributions, such as childcare.
A family-based arrangement is not legally enforceable, and relies on cooperation between parents. If one parent stops cooperating, either parent can seek a formal arrangement through the CMS or court.
A family-based arrangement will specify the amount of maintenance payable, the duration, payment method & how the agreement can be reviewed & adjusted if there is a change of circumstances.
An arrangement is typically made when the parents are no longer living together, such as in the case of divorce, separation, or unmarried parents who are not in a relationship.
How do I set up a family-based arrangement?
To make a private arrangement without involving the CMS, you and the other parent need to agree on the following:
- The amount of maintenance to be paid. You can use a Child Support calculator to determine this.
- How often the payments will be made (for example weekly or monthly), and when they will begin and end.
- The method of payment; this could be by standing order or bank transfer.
- Decide whether the child maintenance will be adjusted for inflation, or any other significant changes in a parent’s income or circumstances.
- A future date to review the terms of the agreement.
You should record the agreement in writing, and have it signed by both parents. It is a good idea to keep a record of all payments made.
Can my ex’s new partners income be taken into account for child maintenance?
An ex’s new partner’s income is not taken into account when calculating child maintenance. Child maintenance payments are assessed solely on your ex’s taxable gross annual income, including earnings from employment, self-employment, pensions, and certain benefits.
The CMS will not increase or decrease the child maintenance amount regardless of whether the paying parent has a new cohabiting partner.