Introduction to the Child Maintenance Service in the U.K.

An Introduction to the Child Maintenance Service

The British government encourages family-based arrangements for child support. This means the child support is agreed between the parents. Many parents like this because it keeps the issue out of the courts. It can allow them to choose whether the paying party pays a lump sum, a fixed regular amount, a percentage of income or some other arrangement. It can also allow the parents to be flexible if they need to be and work together for what is best for the child.

If the parents are finding it hard to agree on child support, however, the Child Maintenance Service can help. The Child Maintenance Service can also help track a parent, if the other is not sure about their whereabouts. There is a £20 application fee to apply.

A parent can apply to the Child Maintenance Service whether they are the receiving or paying parent. Grandparents or guardians who need child support can apply. In Scotland, children over the age of 12 can apply as well.

In order to apply:

• The receiving parent must be the child’s main carer and the child must live with them in the United Kingdom.
• The paying parent must be based in the United Kingdom or working in the civil service, the armed forces or a United Kingdom-based company abroad.
• There must be no court order already in place or the court order should be older than a year old.
• The child must be under the age of 16. It is still possible to apply if the child is between the ages of 16 and 20 and in full time secondary education or if they are taking part in a government approved training scheme and the parent receives child benefits.

How is child support calculated?

The amount of child support to be paid by the paying parent is calculated by the government using a standard formula. The formula takes into account the income of the party paying, how many children are being supported, any other children they currently live with, and how much care they already provide to the child.

If the parent is on a low income or on benefits they pay a flat rate of £7 a week. If the paying parent earns enough to result in a “maximum assessment”, the receiving parent can apply to the court for “top-up” maintenance to meet the needs of the child.

If the day-to-day care is split evenly, the parents need not pay child support to each other. Both parents must show separate evidence demonstrating the exactly equal split of day-to-day childcare.

The child support payment that the formula decides on is a legally enforceable amount. It will be reviewed every year to take into account any changes in circumstances and to make sure the right, fair amount of child support is being paid.

How is child support paid out?

Once the Child Maintenance Service has applied the formula and decided on a child support amount, many parents choose to arrange payments between themselves based on the amount quoted. This helps save money as there are no fees. It is called “Direct Pay.”

If the parents cannot communicate or this is inappropriate under the circumstances, the Child Maintenance Service can help with a “Collect and Pay” service. It can set up a direct debit between the parents or take payment directly from the paying party’s earnings. The receiving parent will get the child support paid directly into their bank accounts. There is a fee for this service. The paying party pays a 20% collection fee on top of the child support amount. The receiving party pays a 4% collection fee from the child support amount.

What if one parent refuses to pay their child support?

If child support is being paid using “Direct Pay” the Child Maintenance Service will only enforce the payments if they are asked to do so. If payment is made through “Collect and Pay” the Child Maintenance Service can move to enforce the payments on your behalf if they are not made on time or in full. This can involve enforcement fees of between £50 and £200 to be paid by the paying parent.

The Child Maintenance Service has broad powers to enforce child support payments. They can take the money directly from the paying parent’s bank account; they can deduct the payment from the paying parent’s earnings or from state pensions. They can force the sale of the paying parent’s property or belongings or register the payments owed as debt. In extreme cases, if these measures are unsuccessful, the Child Maintenance Service can take court action to attempt to recover the debt and punish the parent who is avoiding paying. Through the courts, they can confiscate driving licenses or even send a parent to prison. If the Child Maintenance Services has to go through the courts to receive payment, the paying parent must also pay all court fees.

By Sara Lange – Graduate Trainee at Vardags
Tel: +020 7458 4352
10 Old Bailey
London, EC4M 7NG
email: london@vardags.com
Web: Vardags

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