How Much Will I Have To Pay?

Child maintenance is financial support that helps towards your child's everyday living expenses and is paid on a regular basis. The parent that pays child maintenance is the non-resident parent i.e. the one who does not live with the child or have day-to-day care for the child. Child maintenance is paid to the parent the child lives with (the resident parent). In some cases, this may not be a parent, such as a grandparent or guardian with full care.

Why pay maintenance?

Paying maintenance for your child is extremely important. The person with full care of your child will no doubt be doing their best, however, the extra money that you pay can help to give your children a more stable and better quality upbringing. Maintenance payments will generally go towards food, clothes, school trips, books, toys and games, toiletries, medicines, childcare, activities, etc.

How much to pay?

The amount of child maintenance that you have to pay as a non-resident parent depends on a number of factors such as income, the number of children living with you and the number of children you have, whether you are the resident parent, are in receipt of benefits and whether or not the child also stays with you sometimes.

Types of maintenance arrangement

There are two main ways to arrange child maintenance:

• Family-based arrangement
• Child Support Agency (CSA) or Child Maintenance Service (CMS)

If you are on good terms with the resident parent, it may be that you can come to some arrangement about how much you pay and how often.

The alternative and most popular option is to pay maintenance through the CSA and CMS.

How is child maintenance calculated?

The CSA and CMS calculates maintenance, whilst taking into account several factors which includes net weekly income (CSA), gross weekly income (CMS).

The four rates applied to the non-resident parent's net weekly income include:

• basic rate
• reduced rate
• flat rate
• nil rate

Basic rate

Any new claims are now organised through the CMS. Between 2014 and 2017 the Child Support Agency (CSA) will contact all existing clients to end their current child maintenance arrangements to put in place a new arrangement.

The following information is based on existing calculations made via the CSA. For new claims via the CMS, you can contact the CMS directly on 0800 0835 130.

Reduced rate

If the non-resident parent earns between £100 and £200 per week, they will pay a flat rate plus a percentage of their weekly income. This will vary depending on how many children they have that require maintenance. The flat rate is £5 per week, plus 25% of their income for one child, 35% of their income for two children, and 45% of their income for three or more children.

Flat rate

If the non-resident parent earns between £5 and £100 per week, they will pay a flat rate of £5 per week. This includes people who are on state benefits, Job Seeker's Allowance, Incapacity Benefit, Bereavement Allowance, Income Support, State Pensions and certain other benefits. This rate will be the same regardless of how many children they have. In the case of state benefits, the child maintenance is usually deducted at source.

Nil rate

If the non-resident parent earns less than £5 per week, for example if they are a full time student, are under 16 years old, in prison, 18 or under in further education (no higher than A level) or are in a care home, the nil rate will apply. This means that they will not be required to pay anything.

What if a parent has other children?

If a resident parent has children with several different non-resident parents, the CSA will make these calculations separately. For example, if a woman has two children by one father and one by another man, the men will only pay for their own children respectively. Similarly, if a non-resident parent is paying money to several children in different households, the CSA will generally divide the money equally between the children.

If the non-resident parent has some CSA arrangements and some Family-Arrangement maintenance then unfortunately, the CSA cannot take into account the Family-Arrangement maintenance paid. It can, however, take into account any court orders in relation to maintenance.

What happens if the child stays overnight with both parents?

If the child stays overnight with the non-resident parent at least 52 nights a year i.e. on average at least one night a week then both parents have "shared care".

In the case of the basic and reduced rates, the amount of child maintenance that the non-resident parent has to pay is reduced in equal proportion to time the child stays with them. For example, if a parent is to pay £35 per week in maintenance but the child stays with the resident parent for 2 out of 7 nights per week, that £35 will be split into sevenths i.e. £35 divided by 7 nights x 5 nights that the child lives with the resident parent = £25. This is in addition to the flat rate of £5 which is always to be paid.

For the flat and nil rates, the amount to pay is nil.

What happens if the parent with care claims benefits?

Previously if the resident parent was claiming child maintenance, they were not always able to claim in full for benefits . However, since April 2010, benefits will not be affected by the amount of child maintenance received.

What happens if the non-resident parent is self-employed?

Calculations are made in the same way for self-employed non-resident parents as those who are employed. The CSA does have to calculate the earnings differently by working out the average weekly earnings for the past tax year. If this cannot be done, i.e. the business has not been up and running for a full year, then the CSA will use the gross income of the business to date. Reasonable business expenses and VAT are then deducted to obtain a weekly income figure, which is used to determine which rate of child maintenance should be paid.

What happens if the non-resident parent refuses to give their financial information to the CSA?

If a non-resident parent refuses to give information and it cannot be obtained from other sources, then a "default maintenance decision" is applied. This is a default rate which is as follows:

• £30 a week for one child
• £40 a week for 2 children
• £50 a week for 3 or more children

The non-resident parent must pay from the date that the default maintenance decision was applied.

Other Factors

The CSA can also consider other elements before making a determination on maintenance payments. These can include fees for boarding school, special expenses that the non-resident parent pays for disabled children who live with them, mortgage payments for a property in which the parent with care and the child/children live (as long as the non-resident no longer has a legal interest in it) or loan payments for a loan taken out for the family's benefit while the non-resident parent was still living with the parent with care and the child/children.

Challenging the Decision

If you are not paying child support or have an application against you can find out if you have to pay child support. It is possible to ask the CSA to review a decision on maintenance payments.

Do you have to notify the CSA of changes to your circumstances?

The answer is yes. If you have a change in circumstances, you must notify the CSA/CMS immediately. If you are paying less than you should be then your child could suffer. Additionally, if the CSA/CMS finds out, you may have to make up for what you should have been paying. More positively, you could be paying too much and the figure needs to be lowered. You must also keep the CSA informed of any change of address.