Child Maintenance

If you are unable to agree the amount of child maintenance, you will need to make an application to the Child Maintenance Service. You can either use the Direct Pay Scheme or authorise the Child Maintenance Service to collect maintenance at source. The Direct Pay Scheme is a way of avoiding the Child Maintenance Service administration charges. Parents are able to use the on-line Child Maintenance Service calculator.

Child Maintenance Orders and the courts

The court has limited powers to make orders for child maintenance. An order for child maintenance can only be made by the court when:

• Parents are agreed on the level of maintenance payable. However, after a period of 12 months, either parent can apply for a formal assessment from the Child Maintenance Service as the order is not effective after 12 months;
• There is to be a school fees order;
• There are step children or disabled children;
• There are children whose parent lives overseas;
• The paying parent’s income is so high that it exceeds the maximum amount that the Child Maintenance Service can collect. If the paying parent’s income exceeds £3000 gross per week, the parent with care must apply first to the Child Maintenance Service for a maximum assessment. Once this has been made, the parent with care can apply to the court for a “top up” order for child maintenance.

When the Child Maintenance Service will not get involved

The CMS will not have jurisdiction if :-

• the paying parent or child lives outside the jurisdiction;
• the child is of university age;
• there is a claim for school fees;
• there are step children or children who have a disability;
• the paying parent has a very high income.

What if the Child Maintenance Service get it wrong?

Contact the CMS and set out the details of your complaint. If you are still unsatisfied, then make a formal complaint to the complaints service at the CMS.

If the complaints service does not resolve your complaint satisfactorily, you can ask the Independent Case Examiner (ICE) to review your complaint. https://www.gov.uk/complain-independent-case-examiner. https://www.gov.uk/government/organisations/independent-case-examiner.

If, after exhausting all these routes, you are still dissatisfied, it may be possible for you to seek compensation through the courts. The CMS has produced guidance on whether compensation should be paid to clients.

We understand that not seeing your child everyday is one of the hardest things about separation.

Our specialist solicitors can support and advise you as to your practical and legal options, tailored to your circumstances, as we know that every family is different.