Child Maintenance: Understanding Your Obligations and Options
Child maintenance, also known as child support, is a financial contribution made by parents who do not receive child benefit payments from the state. This payment helps ensure the well-being of the child and can often be arranged privately between parents without the need for involvement from the Child Support Agency (CSA), the Child Maintenance and Enforcement Commission (CMEC), or the courts.
Voluntary Arrangements
A private, voluntary child maintenance agreement between parents is often the simplest solution. To avoid disputes, it is important to keep an independent record of payments, using:
- Cheques or online bank transfers with a reference like "child maintenance."
- Written receipts for cash payments that clearly state "child support" or "child maintenance."
Legal Duty for Child Maintenance
Both parents are legally obligated to contribute to their child’s maintenance. For the non-resident parent (the parent not receiving child benefit), this duty is typically fulfilled through child maintenance payments.
However, this obligation only becomes enforceable if:
- A court order is issued.
- An application is made to the Child Support Agency (CSA).
The Role of CMEC and CSA
- Child Maintenance and Enforcement Commission (CMEC):
CMEC encourages and supports parents in making voluntary arrangements, applying to the statutory child support scheme, and enforcing payment liabilities when necessary.
- Child Support Agency (CSA):
The CSA calculates child support payments and, in some cases, handles collection and enforcement.
When Courts Get Involved
Courts usually address child maintenance only when other financial matters, such as housing, pensions, or spousal maintenance, are already being resolved. In these cases:
- Child maintenance can be included as part of a final court order.
- After a year, parents may apply to the CSA to handle child support, even if it was originally part of a court order.
Cases Outside CSA Jurisdiction
The CSA does not handle certain types of child maintenance cases, including:
- Stepchildren.
- Costs for school or university fees.
- A child’s disability-related needs.
- Children who have completed secondary education.
- Situations where the non-resident parent lives abroad.
How to Apply for Child Maintenance
Parents can seek information and guidance from CMEC before applying to the CSA. Applications to the CSA can be made:
- Online via their website.
- By telephone, post, or in person.
- Using an application form sent to the applicant.
Applications can be initiated at any point by the primary carer or non-resident parent.
Establishing Liability for Child Maintenance
Liability for child maintenance begins from the date the non-resident parent is officially notified, which can only happen once a complete and effective application has been submitted.
If parentage is in question, the CSA cannot determine liability until this is resolved. To address parentage disputes, the CSA may:
- Assume parentage under specific criteria.
- Conduct investigations, including DNA testing or court action, to establish legal parentage.
Conclusion
Child maintenance ensures that children receive the financial support they need after their parents separate. Whether through voluntary arrangements, applications to the CSA, or court orders, understanding the process and your obligations is essential.
For guidance on related family law matters, including Child Arrangements Orders, explore our free guide to completing Form C100.