Frequently Asked Questions
Parents have a legal responsibility to provide financial support for their children, known as child maintenance. The non-resident parent i.e. the parent who does not have day-to-day care of the child is known as the paying parent and pays financial support to the resident parent who is known as the receiving parent.
How do I know what amount to pay?
You can come to an agreement with the other parent by negotiating with them directly or through your solicitor. However, a voluntary agreement is not legally enforceable should the paying parent stop paying.
Alternatively, you can contact the Child Maintenance Service (CMS) which is a Government service. The CMS will calculate how much financial support is payable and if necessary, can collect the payments from the paying parent and pay them to the receiving parent. However, there is a fee for the collection and payment service. The paying parent will be asked to pay an additional 20% on top of the maintenance calculation, and the receiving parent will receive 4% less maintenance than if the paying parent pays the receiving parent directly through the “Direct Pay” scheme.
Once the CMS has calculated the amount of Child Maintenance payable, if you choose to “Direct Pay” there are no additional fees payable. However, the CMS still has the ability to enforce missed payments.
Does Child Maintenance affect my state benefits?
No, the receipt of Child Maintenance payments will not affect any social security benefits that you are entitled to.
Read more about Children Law Services here.
