Most parents accept they have a legal responsibility to maintain their children financially. However, many people are unclear about who is obliged to pay child maintenance, and how the rules apply to them. Recent rule changes mean it’s more important than ever for parents to understand child maintenance.
It’s not just biological parents who are required to pay child maintenance. The obligation also exists for adoptive parents and the legal parents of children born as a result of donor insemination, fertility treatment or surrogacy (though biological fathers of children born through donor insemination may not have to pay).
Another area which is unclear is how child maintenance relates to parents having contact with their children. The obligation to pay maintenance has nothing to do with whether or not non-resident parents have contact with their children, and paying maintenance does not give a right to contact.
The amount of maintenance to be paid can be determined by two means. Parents can agree the amount between themselves, or through their solicitors. Alternatively, an application can be made to the Child Maintenance Service (the successor to the Child Support Agency).
Recent changes mean that, more so than ever, the first option is preferable. In 2014 the Government introduced fees for using the Child Maintenance Service, including:
- A £20 application fee
- A 20% collection fee on top of their usual child maintenance amount for paying parents using the scheme’s Collect & Pay service
- A 4% collection fee deducted from their usual child maintenance amount for receiving parents using the scheme’s Collect & Pay service
- Enforcement charges for parents who do not pay maintenance in full and on time.
Many parents feel confused about the process of determining child maintenance.
Rather than feel confused or financially overstretched by child maintenance issues, it is better to seek legal guidance about your own situation. As well as making your parenting arrangements more amicable, it could save you some hefty Child Maintenance Service fees.
