MAINTENANCE FOR CHILDREN

Introduction
Who decides how much maintenance is to be paid ?
Which cases are covered by the CSA?
How is child support maintenance assessed by the CSA?
What if the non-resident parent is supporting other children?
How long does the obligation last?
How much will I have to pay for a child of 18 and over?
What if the non-residential parent lives abroad?
Can we agree the child maintenance without going through the CSA or the court?
Can the amount fixed be varied?
What if the maintenance is not paid?
Where can I get more information?

Introduction

The law provides that both parents have an obligation to maintain their children at least up to the age of eighteen. Where the parents are still living together, this obligation is fulfilled without any money changing hands. However, when the parents separate, the children usually have their main home with one parent, who becomes the primary carer (“the residential parent”). The other parent (“the non-residential parent”) then has an obligation to assist the residential parent in maintaining the children.

Who decides how much maintenance is to be paid?

Maintenance for children is assessed either by the Child Support Agency (CSA) or (in a minority of cases) by the courts.

Which cases are covered by the CSA?

The CSA will assess, and if necessary enforce, the child support maintenance where both parents and the child live in the United Kingdom. They can also do this where the non-residential parent lives outwith the United Kingdom, but works for a UK organisation and pays tax in the UK. Either parent can ask the CSA to assess the maintenance that the non-residential parent should be paying. A child of 12 and above can make an application himself to the CSA.

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How is child support maintenance assessed by the CSA?

The non-residential parent has to pay a percentage of his or her net income from earnings to the non-residential parent, income tax, national insurance contributions and pension contributions are deducted from gross pay to calculate net earnings. The percentages are 15% for one child, 20% for two children and 25% for three or more children. However, the maintenance payable is reduced where the non-residential parent has the children overnight for at least 52 nights in any one year (i.e. an average of one night per week). 52 to 103 nights reduces the maintenance by 1/7th; 104 to 155 nights reduces it by 2/7th; and so on.

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What if the non-resident parent is supporting other children?

If the other children are living with the non-resident parent, for example in a new marriage or relationship, the starting amount on which child support maintenance is based is adjusted. If there is one other such child, 15% is deducted from the net income of the non-residential parent, who then pays 15%/20%/25% of the resulting balance.

The CSA can be asked to depart from the standard assessment and increase or reduce the maintenance. This can be done, for example, where the costs incurred by the non-residential parent in exercising contact are unusually high; where the non-residential parent had significant debts prior to the CSA application being made; where the non-residential parent is paying boarding school fees; where the non-residential parent has significant capital assets, but little income; and where the lifestyle of the non-residential parent is inconsistent with his declared income.

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How long does the obligation last?

Child maintenance assessed by the CSA comes to an end when the child reaches the age of eighteen. However, the obligation towards the child continues if he/she is continuing in full time education or undergoing a course of training. The obligation is now owed towards the child himself/herself and can be enforced, if necessary by the child making an application to the court for an order for maintenance.

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How much will I have to pay for a child of 18 and over?

The court has a wide discretion as to how much to award, and will take into account all the financial circumstances of both the child and the parent. The parental obligation ends when the child reaches 25, so being a permanent student (at least at the expense of his or her parents) is not an option.

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What if the non-residential parent lives abroad?

Unless the parent concerned works for a UK company and pays UK tax, the residential parent will have to make an application to the sheriff court for the area where he or she lives.

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Can we agree the child maintenance without going through the CSA or the court?

Yes, you can. You may be able to work out for yourself what you are due to pay or receive, and we can help you with this if necessary. You can also go to the CSA website where you can get help in calculating the amount payable. If the maintenance is agreed in a written agreement which is registered, that is equivalent to a decree of the court and can be enforced in the same way.

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Can the amount fixed be varied?

A CSA assessment can be varied at any time on an application being to the CSA by either parent. There needs to be a change in circumstances to justify this being done.

If the maintenance is set out in a court order or a registered agreement dated on or after 3rd March 2003, you will have to wait for 12 months before you can ask the CSA to do an assessment. Within that 12 month period, if a material change of circumstances requires a review of the maintenance figure, an application will have to be made to the court.

If you are already receiving maintenance under an agreement dated before 3rd March 2003 or a court order or, it can only be varied, in the absence of agreement, by a court.

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What if the maintenance is not paid?

If there is a CSA assessment, the CSA will deal with recovery of arrears for you, if you let them know that payments are not being made. If the payer is in employment, recovery will be made by attachment of his / her earnings.

If the maintenance is set out in a court order or a registered agreement (which is equivalent to a court order) it can be enforced in the same way. However, you will need to contact your solicitor, as the CSA will not become involved. The best means of recovery is by way of an attachment of earnings.

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Where can I get more information?

Leaflets on the various aspects of child support administered by the CSA are available in benefit offices, post offices and advice centres. The CSA website is also helpful.

The legal information contained in this site is not comprehensive, nor should it be treated as a substitute for specific legal advice on any individual situation.

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