Fard Solicitors

Child Maintenance

Child maintenance in England is the financial support provided by one parent to the other for the benefit of their child. The parent without the day-to-day care of the child is usually responsible for making child maintenance payments.

What is Child Maintenance?

Child maintenance in England is the financial support provided by one parent to the other for the benefit of their child. The parent without the day-to-day care of the child is usually responsible for making child maintenance payments. The Child Maintenance Service (CMS) is the government body that can help parents with child maintenance arrangements.

FAQs

The parent without day-to-day care of the child (non-resident parent) is typically responsible for making child maintenance payments.

Yes, parents can agree on payments to be made directly between themselves. This is a privately based arrangement and does not involve the CMS. However, it does mean that the agreement is not legally enforceable and the parent can stop paying at any point.

If you cannot come to an agreement, you can apply to the child maintenance service to assess how much maintenance should be and will enforce it.

If privately agreeing, it is up to you how much the payments should be. However, there is a child maintenance calculator on the government website which may be useful.

The CMS considers factors such as the non-resident parent's income, the number of children involved, and the amount of time the child spends with each parent.

Yes, the CMS provides online services for applying and managing child maintenance.

Yes, the CMS can collect and transfer payments between parents to ensure compliance.

Yes, if a non-resident parent fails to pay, the receiving parent can take legal action through the courts.

It's important to inform the CMS if your income changes, as this can affect child maintenance calculations.

The CMS has mechanisms to handle international cases, but the process can be more complex.

No, child maintenance payments are not taxable, and they do not affect benefits received by the receiving parent.

Yes, child maintenance arrangements can be reviewed and updated if circumstances change.

Yes, child maintenance can include payments in kind, such as contributing to school fees or providing specific goods and services.

Child maintenance responsibilities may continue if the child is in approved education or training.

Yes, it's advisable to seek legal advice for complex cases or if there are disagreements.

The CMS can take enforcement action, including deducting payments from wages or taking legal action.

The CMS can be contacted through their website or by phone.

Child maintenance is governed by separate legal systems in Scotland and Northern Ireland. Specific rules and agencies apply.

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