Children’s Solicitors: Supporting You and Your Children

When parents no longer live together, one of the key questions is how much child maintenance should be paid. The financial support you provide for your children’s upbringing can be a source of confusion and even tension—particularly if you’re unsure about your legal obligations. Below, we delve into the essentials of child maintenance payments, including the role of a child maintenance calculator, arranging payments privately, and understanding when child maintenance stops.

Child Maintenance Calculator

There isn’t a fixed, universal amount of child maintenance that all parents must pay. Instead, the amount is determined by several factors:

  • Number of children
  • Income of the parent responsible for payment
  • Time the children spend with each parent

The Child Maintenance Service (CMS) often uses a child maintenance calculator to guide the calculations. You can access the CMS Child Maintenance Calculator on the government website, which gives an estimate of how much you might need to pay. If your child’s living arrangements, your income, or other circumstances change over time, you should revisit the calculator or seek advice to ensure you’re paying the correct amount.

Arranging Child Maintenance Privately

An Ideal Agreement

In an ideal scenario, you and your child’s other parent come to an informal agreement about child maintenance. This could be the figure suggested by the child maintenance calculator or a mutually agreed sum that meets your child’s needs. Parents sometimes top up this mandatory support with additional payments to cover items such as:

  • Extracurricular activities (music lessons, sports fees, etc.)
  • School uniforms
  • School trips
  • Other day-to-day or educational expenses

The Child Maintenance Service (CMS)

If reaching a private agreement proves difficult, you can apply through the CMS for a formal assessment. Under CMS rules, the child must be:

  • Under 16 years old, or
  • Under 20 years old if in full-time secondary education or approved training

The CMS will then calculate the appropriate amount of maintenance based on your income, the number of children, and how often they stay overnight with you. Keep in mind that CMS decisions can be challenged or reviewed if circumstances change—such as alterations in income or the child’s living arrangements.

When Does Child Maintenance Stop?

Age and Education

Child maintenance normally ends when a child turns 16, unless they continue in full-time secondary education (e.g., A-levels). In that case, payments will continue until they finish those studies or reach the age of 20, whichever comes first.

Further Education and Beyond

If your child goes on to university, child maintenance obligations typically stop once they’ve completed their full-time secondary education. That said, some parents choose to make additional voluntary payments to help cover university living costs.

Equal Care

In some circumstances, child maintenance can cease earlier—specifically, if your child begins spending equal time with both parents. In this instance, parents generally no longer owe maintenance to each other, since the child’s living expenses are shared equally.

Talk to HM & Co. Solicitors

If you’re unsure about how much child maintenance you should be paying—or if you’re experiencing difficulties negotiating a fair amount—professional advice can help you navigate these challenges.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

At HM & Co. Solicitors, we have extensive experience in child maintenance disputes. Whether you need support drafting a private agreement or wish to understand your obligations under the Child Maintenance Service, our family law specialists are here to guide you every step of the way.

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Calculating Child Maintenance FAQs

1. What is child maintenance?

Child maintenance is a financial arrangement between two parents to cover a child’s living costs when one parent does not live in the same household. This applies to parents who were previously in a relationship and have now separated, or parents who never cohabited.

 

2. When is child maintenance paid?

Child maintenance should be paid whenever the parents do not live together in the same household, or if they never did. Both parents are legally responsible for financially supporting their child, regardless of whether one parent has direct contact or a relationship with the child.

 

3. Who decides the minimum child support I should pay?

The Child Maintenance Service (CMS) sets guidelines for the minimum amount of child maintenance. If a child does not live with you for an equal amount of time (i.e., they spend more nights with the other parent), then you are typically required to pay maintenance to the other parent.

 

4. How does my income affect how much I pay?

Maintenance is calculated using your gross income—your total income from employment or self-employment before tax and National Insurance, but after pension contributions. The CMS uses this figure to assess your monthly or weekly child maintenance obligations.

 

5. How does the number of children affect how much I pay?

The amount of child maintenance considers:

  1. How many children live with you at your address
  2. How many children you need to pay maintenance for

These factors may reduce or increase the amount you owe each month.

 

6. If parents equally share the time spent with the child, does this impact on maintenance?

If the child spends exactly equal time with both parents and the nights are shared equally, then no maintenance is generally payable between the parents in respect of that child.

 

7. Do I have to pay for children from another relationship?

Yes. You’re obliged to pay maintenance for any child you have—this applies to each of your children from any relationship.

 

8. How much child maintenance should I pay?

You can use the government’s online child maintenance calculator to get an approximate idea of how much child maintenance you should pay. This figure may be adjusted by the CMS or through an agreement between both parents.

 

9. Is there a maximum level of income that the CMS assesses?

If your gross weekly income exceeds £3,000, the CMS assessment will cap at that level. If you earn more than that amount, the other parent can apply to the court for a “Top Up” order to seek additional maintenance beyond the CMS maximum.

 

10. What should child maintenance cover?

Child maintenance generally contributes towards everyday living costs for the child, including food, clothing, and housing expenses. It does not typically cover extras like:

  • Extracurricular activities
  • Holidays
  • School fees

These may be agreed upon separately or treated as additional expenses.

 

11. Can we arrange child maintenance between ourselves?

Yes. You can agree on a private or family-based arrangement for child maintenance, which may match the CMS calculation or a different sum that suits both parties. You could also agree on extra contributions for things like school trips or clubs.

However, if you cannot reach a private agreement, you can apply to the CMS for an official calculation. To qualify for a CMS assessment, your child must be:

  • Under 16 years of age, or
  • Under 20 years of age and in approved education/training

Need More Information?
For additional guidance on child maintenance, legal arrangements, or any other family law matters, contact HM & Co. Solicitors:

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Our experienced team is here to assist with all aspects of child maintenance and family law.

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