Child Maintenance Solicitors

Need Help With Child Support?

When couples with children decide to separate or divorce, child maintenance is paid by the parent who no longer lives with the child (called the ‘non-resident’ or ‘paying’ parent) to help cover living costs. And although some separating couples can agree on child maintenance payments with their former partner directly and with no problems, we understand that it is not always so straightforward.

If you’re having an issue negotiating a child maintenance arrangement, or you feel the terms of an existing agreement are unfair or require updating, we can help.

Alternatively, if one parent is not holding up their end of the agreement (such as non-payment), we can step in to resolve the issue.

To get started, contact our team today.

Contact Us Today

Name*
Email*
Phone*
Department*
Message*
Consent*
- I have read and agree to the terms of the Slater Heelis privacy statement
Email
This field is for validation purposes and should be left unchanged.

Child Maintenance Law

Separating couples have several options for determining child maintenance. The first and simplest option is a family-based arrangement, where the parents work out an agreement directly between themselves or with the aid of their solicitors.

If the parents cannot agree, the second option is to make an application to the government-led Child Maintenance Service (CMS). You can work out an estimate of how much you or your former partner is liable to pay using the child maintenance calculator.

It is up to the non-resident parent to pay child maintenance, and the current rates are as follows:

Paying parents earning up to £800.00 per week will pay:
- With one child: 12% of gross income
- With two children: 16% of gross income
- With three or more children: 19% of gross income
Paying parents earning between £800.01 and £3000.00 per week will pay:
- With one child: 9% of gross income
- With two children: 12% of gross income
- With three or more children: 15% of gross income
Paying parents earning more than £3,000 per week:
- The receiving parent will need to apply to the family courts for extra payments

Important: The figures above assume the child lives with the receiving parent full-time. Payments can be reduced by several factors, such as the number of nights where the non-resident parent looks after the child.

Child maintenance can also be included in a court order arising from divorce or dissolution, although either parent can apply to the CMS to undertake an assessment after the order has existed for more than 12 months. In certain circumstances, however, the court retains the ability to deal with child maintenance, such as costs associated with training or arising from a disability.

How We Can Help

There are several ways we can help divorcing or separating parents when it comes to child maintenance agreements:

We can help you negotiate a family-based arrangement
We can help you turn family-based arrangements into legally binding court orders
We can act as a mediator to help resolve all issues relating to divorce or separation, including child arrangements and finances – reducing the need for court proceedings
We can help parents who wish to change the terms of their agreement, perhaps due to a change in circumstances
We can help parents with non-payment issues in a family-based arrangement (parents who set up their child maintenance through the CMS should report non-payment to the CMS)

If you need our help, you can arrange a consultation with one of our child maintenance solicitors by filling out the contact form above, calling us, or using the live chat service below.

FAQS

When does child maintenance stop?

Paying parents are required to pay child maintenance until their children turn 16, at least. If a child continues in non-advanced, full-time education after 16, such as to complete their A-Levels, child maintenance payments can continue until they are 20.

Please note that degrees and higher level diplomas are considered advanced education, which is not covered by child maintenance. However, you may wish to negotiate a private child maintenance arrangement in such cases.

How is child maintenance calculated?

If you try to agree on a child maintenance arrangement privately, you (or your solicitors) will work with the other parent to calculate payments.

However, if you apply to the Child Maintenance Service, there are several factors for calculating payments. Firstly, the CMS will work out the paying parent’s gross annual income, adjust for any factors that affect income, and then convert the annual figure into a weekly figure.

Then, based on the weekly figure, one of five child maintenance rates will apply: default, nil, flat, reduced, or basic. See the government website for a breakdown.

Finally, the CMS will consider if the paying parent has any other children to pay for or if the child’s care is shared (i.e. the child stays with the paying parent overnight on occasion). These factors can reduce the calculation.

Can my child maintenance agreement be changed?

Yes, it is possible to change a child maintenance agreement. After all, each parent’s personal circumstances are likely to change over time, and child maintenance can be updated to reflect those changes. However, the route for changing an agreement depends on how the initial arrangement was produced:

For an informal family-based arrangement, it may be as simple as speaking to your ex-partner and working out a new deal.
For an arrangement legally bound by a Court Order, you can apply to alter the order, but you should speak to a solicitor first. Alternatively, if the Court Order is more than 12 months old, you can apply to the CMS instead, which will override the terms of the order.
For an arrangement set by the CMS, you’ll need to inform the CMS of any changes in your circumstances so they can re-assess your child maintenance payments.

How do benefits impact child maintenance?

Benefits impact child maintenance differently depending on whether you are the receiving parent or the paying parent.

A receiving parent is unaffected by their benefits. They can keep the entirety of their child maintenance payment, and it will not affect any eligible benefit claims.

A paying parent receiving benefits, such as income support, will pay a flat fee of £7 per week in child maintenance (regardless of the number of children involved). A list of applicable benefits can be found on pages 23 and 24 of the government’s guide for calculating child maintenance.

Do you pay child maintenance if your ex-partner is cohabiting?

You must continue to pay child maintenance for as long as legally required, regardless of whether your ex-partner is cohabiting with a new partner. The only way to change your child maintenance payments is if your personal circumstances have changed (see the FAQ titled ‘Can my child maintenance agreement be changed?’ above).

Trusted By Our Clients

“Having had to resolve a complex family situation involving child arrangements, I engaged the services of Slater Heelis. Throughout this difficult time, the support and legal advice I received were excellent and resulted in a positive outcome in Family Court. I would not hesitate to recommend their services should I need further legal help in the future.”

“I truly recommend Slater Heelis for their family services. Rebecca, who represented me, was a great source of guidance. She helped me navigate and obtain the divorce absolute and financial settlement. The outcome was exactly what I desired to secure my family’s financial future. Rebecca’s advice was clear and honest from the beginning, and she was highly sympathetic to the nature of my ex-partner and the situation I was in.”

“Many thanks to Charlotte Beck in family law. Truly agreeable, accommodating and adroit. Reached me a few hours of messaging with guidance on the best way to continue with my separation.”