When Does Child Maintenance Stop?
Child maintenance payments can be highly contentious. Understanding the law that governs these payments is often key to resolving disputes, so going forward we will answer common queries around child maintenance.
Firstly, when do you stop paying child maintenance? There is a clear parameter here - as stated on gov.uk, in England and Wales child maintenance stops on the 31st of August on or after your child's 16th birthday, if they leave full-time education or training.
If your child remains in full-time education or training, child maintenance continues until they turn 20. In short, as long as your child is in full-time study of any kind, it’s your duty and responsibility to financially support them until they come of age.
What is child maintenance?
Child maintenance is money provided by the parent who does not primarily live with their child or children (known as the non-resident parent) to the other parent (referred to as the resident parent) to help cover the child's living costs. This can include food, clothing, rent, etc.
Do I have to pay child maintenance if I do not see my child?
Yes, both parents are financially responsible for their children, regardless of their relationship with them. However, there may be some unique circumstances that exclude you from paying child maintenance - read on to find out more.
How is the amount of child maintenance decided?
There are three ways child maintenance payments can be determined:
1. Private agreement. You and your ex-partner/spouse agree between yourselves how much child maintenance the non-resident parent will pay. A Family Law Solicitor and/or a Mediator can assist you with coming to an agreement.
This is the cheapest and generally calmest way of arranging child maintenance payments. As members of the national family law group Resolution, we would always try (if both parties are willing) to help our clients make child maintenance arrangements between themselves, provided there is no history of abuse or controlling behaviour in the relationship.
The government offers a helpful online calculator which sets out the amount a parent should pay the other based on different criteria and circumstances and can be used as a guide. Once you have agreed on the amount of child support to be paid, we can ensure it is made legally binding.
2. Child Maintenance Service (CMS). The CMS can calculate your child maintenance for you if you and your ex-partner cannot make a decision. They can also collect the payments and take action if the non-resident parent refuses to pay.
3. Court orders. If you and your ex-partner are not able to make a private agreement and the issue makes its way to court, the judge will weigh up your circumstances to determine what you should pay towards child maintenance. Keep reading for more information on this.
When can a court make a Child Maintenance Order?
In most cases, the CMS calculates and enforces child maintenance payments. You can only make an application to the court for a Child Maintenance Order if:
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The CMS does not have jurisdiction (for example, the non-resident parent lives outside the UK).
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The order is of a particular type, including:
o Orders to meet a child's educational expenses;
o Orders for costs attributable to a child's disability;
o Top-up child maintenance orders; and
o Orders against a person with care (PWC) of the child.
What if I do not believe I am the parent of the child?
If you do not believe you are the child's parent, the CMS can ask you to give evidence to support this. They can also ask the mother of the child to provide proof that you are the other parent. You can be asked to take a DNA test, or the court can decide on payment.
If any of the following apply, you will be assumed to be the child's parent:
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You were married to, or the civil partner of, the child's mother at any time between the conception and birth of the child (unless the child is adopted).
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You are named on the child's birth certificate (unless the child is adopted).
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There is DNA test confirmation.
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You legally adopted the child - learn more about How to Adopt Your Stepchild.
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A Court Order names you as a parent to a child born to a surrogate mother.
Can I challenge the amount of child maintenance CMS is asking me to pay?
If you disagree with CMS's calculations for how much child maintenance to pay, you can appeal to the Social Security and Child Support Tribunal within one month of receiving a decision.Your Family Law Solicitor can help you fill out the required form (form SSCS2) and ensure robust supporting evidence is included.
You will need to decide whether you want to appear in front of the tribunal and explain your case. Your solicitor can represent you if you decide to appear. If you choose not to go to the hearing, your case will be decided on the information contained in your appeal application form and any supporting evidence.
Most appeal cases take around six months to be heard in the tribunal.
Are Child Maintenance Service (CMS) appeal hearings confidential?
People are often worried about confidentiality when appealing a child maintenance decision. Tribunal hearings are open to the public unless the tribunal says otherwise. This means that sensitive financial and personal information stated at the hearing may not be kept private.
You can request that your (and your child's) address be kept confidential. You can also ask your solicitor to apply to the tribunal to make sure that the documents that could be used to identify you or cause harm to another are kept private. The tribunal can also consider an application to prohibit the disclosure of a document or information if you can argue that disclosure would be disproportionate.
Final words
In short, unless you’re under specific circumstances that exempt you from paying child maintenance, or you’re currently contesting it, it is safest to proceed with child maintenance payments until your child has left full-time education.
For more information on this subject, take a look at our blog: What Should I Do If My Partner Wants a Divorce? Child maintenance is one of the issues it covers.
Other useful resources include:
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. We have a highly experienced divorce law team who can assist you with all matters relating to child maintenance and family mediation. To make an appointment, please contact us using our online form or call us on 01932 840 111.