Child Maintenance 

A child maintenance calculation can be a concerning financial consideration for both the paying and receiving parent. Therefore, careful thought should be given to the same to ensure that both parties’ positions are adequately protected, and that both parents understand their obligations and responsibilities. If parents are unable to agree how much child maintenance should be paid, either parent can ask the Child Maintenance Service (CMS) (formerly the Child Support Agency (CSA)) to calculate it.

Once the amount of child maintenance is calculated, parents can then either:

• Sort out payment directly with one another; or

• Ask the Child Maintenance Service to arrange and transfer the payment. There is a charge for the Child Maintenance Service to facilitate payments between parents, so the Child Maintenance Service encourages parents to sort out payments directly between them.

The Child Maintenance Service also encourages parents to reach an agreement without the need for a formal assessment, but if the Child Maintenance Service do carry out the assessment, they still encourage parents to sort out payments directly, in order to save on fees.

The Child Maintenance Service provides a helpful child maintenance calculator to help calculate the potential amount of child maintenance that may be payable. The calculator can be accessed here.

We are often asked whether the Court is involved in deciding the amount of child maintenance. Although the Court has limited power to make Child Maintenance Orders, the Court can order the following although usually only in very exceptional circumstances:

• Payment of school fees and other educational expenses;

• Expenses arising if a child has a disability;

• Financial support for a child age 20 and over if they are in full-time education;

• A lump sum order to meet specific needs of a child;

• Provision for housing;

• Child maintenance if both parents agree to the Court making an Order. If both parents do not agree to the Court making an Order, then the Court does not have the power to order child maintenance;

• Top up child maintenance where the paying party is a very high earner.

Applications of this nature vary, and very careful thought and consideration needs to be given to the specific circumstances of each case to ensure that the position is as protected as it possibly can be.

We offer a FREE first appointment, so take the first step and reach out to us now by either telephone on 01962 809056 | 02380 653785 or email us to arrange a convenient time on contact@mitchellryansolicitors.co.uk.