Home > Related Laws > Child Support Payments: Your Entitlement

Child Support Payments: Your Entitlement

By: Anna Martin - Updated: 21 Apr 2017 | comments*Discuss
 
Child Support Agency Csa Benefits

If you are the parent of a child, or children, and are raising them on your own you are entitled to claim child support payments from the non resident parent. This periodic maintenance payment may be agreed by private arrangement between both parents, but it may also be collected and handled by the Child Support Agency (CSA), in cases where there is a breakdown of communication between the adults.

Absent parents, who refuse to pay maintenance, can also be traced by the CSA and have an enforcement issued.

Are You Entitled To Claim?

Child support is a regular maintenance payment that is paid to parents who live with their children, by the parent who does not live in the same home. This periodic payment is made to assist the parent with care with the rising costs of raising a child. This payment can also be made to another family member or legal guardian if the child lives with them.

Child support is paid to a resident parent when a couple separate or divorce, or they have children but are not living together. The payment is made to provide financial support and to confirm responsibility for the welfare of the child. These payments also help to minimise the need for other forms of benefit.

How Is Maintenance Calculated?

The CSA work out the payable rate of maintenance by applying one of a number of rates to the absent parent’s income. Income means money earned from employment, tax credits or personal pension. Income tax and National Insurance is deducted, along with money that is paid into a pension plan. The remainder of the income is then evaluated and a basic, reduced, flat or nil rate is applied. The amount is adjusted according to how many children are involved in the maintenance application.

How Much Are You Entitled To?

Child support maintenance payments are calculated by the CSA, after assessing the income and living circumstances of the non resident parent. The amount of maintenance a parent with care will receive is calculated as being 15% of the non resident parent’s net income – for the first, or only child. The payable amount of maintenance increases to 20% of net income for two children, and to 25% for three. Children from subsequent families are treated in the same way.

Shared Parenting

If the child stays with the non resident parent for at least one night a week the amount of payable maintenance, given to the parent with care, is reduced accordingly. This situation is called Shared Care, and the amount of maintenance is reduced by one-seventh, for each night of the week that the child stays at the non resident parent’s home.

If care is divided equally between the parents the weekly amount of payable maintenance is halved in two, and reduced again by the required £7.

Flat Rate

If your maintenance payments are set at a flat rate, due to the non resident parent being on benefits or receiving allowance, shared care will mean that the maintenance payable to the parent with care is almost nothing.

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Daughters dads in prison, can i get child support from his private pension.
Missy - 21-Apr-17 @ 12:46 PM
Sarah Potts - Your Question:
My partner is paying £400 per month for his son who lives 150 miles away. He has to pay to pick him up which is rvery Holiday which costs £50 in fuel. We have found out that the child is currently living with his grandparents but we are paying the mother who lives in a separate house. Can anybody tell me if this is allowed or should be declared?

Our Response:
Your partner may be able to apply for a special expenses variation through CMS, please see link here. You would have to speak to CMS directly if his child is living elsewhere. However, regardless of where his child is living, your partner would still have to pay child maintenance to the person the child is living with. However, if his ex is no longer the primary carer of his child, then so would his ex have to pay child maintenance to her mother.
ChildSupportLaws - 20-Apr-17 @ 1:59 PM
My partner is paying £400 per month for his son who lives 150 miles away.He has to pay to pick him up which is rvery Holiday which costs £50 in fuel. We have found out that the child is currently living with his grandparents but we are paying the mother who lives in a separate house.Can anybody tell me if this is allowed or should be declared?
Sarah Potts - 20-Apr-17 @ 4:56 AM
My 17 year old daughter lives with me and she received child maintenance as she is in full-time education.If she works full-time over the summer holidays, then takes up non advanced full time education again in August what happens re the child maintenance payments? Also gaining a place in collage depends on her exam results.What happens to maintenance payments between her leaving school and taking up her collage course? And what happens if she fails to secure a place in college, then needs to find full-time permanent work instead?
Norma - 31-Mar-17 @ 7:00 PM
I pay child maintenance for my 5 year old who lives full time with her mum (court action in place for me to get proper contact). My question is the fact the mother to my child has had her new boyfriend move in because they have had a child together does this change the amount I should be paying? Could I talk to the court about it since she even gets my child to call him dad so it's like they are married but she has said before the ont reason they arn't married is because then I wouldn't have to pay?
Johny - 31-Mar-17 @ 4:55 PM
Mainer - Your Question:
My ex wife is asking for me to agree (court order) to pay £600 per month for my children until my eldest is 18 years old (7 years from now). Then reduce that until £400 until the 2nd is 18 (9 years from now) and then £200 until the youngest is 18 (11 years from now). The amount I should pay presently according to the CMS is £340. I am being told that if I agree to this then it is actually only for 12 months and I can ask for the CMS to review the payment after a year of the order being put in place. If I agree to this, can I ask for a re assessment in a year please or will I be fixed to this payment please? My wages fluctuate as I am self employed so can not guarantee I can maintain the £600. I was paying £700 for the first three years of us being separated and reduced it six months ago because my circumstances changed. My ex wife is adamant about this being the agreement. We've already agreed a financial settle and I have made the first payment towards that. She has now decided that she wants to change things. Any advice you can offer would be greatly appreciated.

Our Response:
You do not have to agree to this. If you would prefer to be assessed through Child Maintenance Services, then this is your prerogative. If a child maintenance agreement is decided through court, then each time you needed to make changes (if your circumstances change), you would have to apply to court to vary the order and this can become costly. Likewise, your ex can also apply in time to have this agreement altered, for instance if it does not keep up with the cost of living - or if your children remain in full-time government approved education beyond the age of 18. Also, you may find it difficult to extract yourself from this arrangement if your earnings reduce etc. Therefore, I would tread carefully here. You may wish to seek legal advice regarding your best options.
ChildSupportLaws - 28-Mar-17 @ 10:51 AM
My ex wife is asking for me to agree (court order) to pay £600 per month for my children until my eldest is 18 years old (7 years from now). Then reduce that until £400 until the 2nd is 18 (9 years from now) and then £200 until the youngest is 18 (11 years fromnow). The amount I should pay presently according to the CMS is £340. I am being told that if I agree to this then it is actually only for 12 months and I can ask for the CMS to review the payment after a year of the order being put in place. If I agree to this, can I ask for a re assessment ina year please or will I be fixed to this payment please? My wages fluctuate as I am self employed so can not guarantee I can maintain the £600. I was paying £700 for the first three years of us being separated and reduced it six months ago because my circumstances changed. My ex wife is adamant about this being the agreement. We've already agreed a financial settle and I have made the first payment towards that. She has now decided that she wants to change things. Any advice you can offer would be greatly appreciated.
Mainer - 27-Mar-17 @ 12:34 PM
My ex wife stop paying for elder son but his in uni and I am supporting him. So how do go about that she contribite something towards my elder son??
manoj - 25-Mar-17 @ 1:24 PM
gloryhunter - Your Question:
Hello im a Dad with a current DEO in place however I am being stopped double what I should be paying as the csa told me there where arrears! however there are no arrears and even my ex wife has contacted the csa telling them so, even went as far as telling them even if there was arrears she wanted them written off the csa have now agreed there are no arrears but continue to take double.The ex wife has shown me how much she is getting from them so are the csa stealing from me because she is getting half of what I'm paying.

Our Response:
If you feel you are being treated unfairly, you have the right to complain. Please see link here.
ChildSupportLaws - 17-Mar-17 @ 12:35 PM
I have a current DEO and am still paying double what I should be paying after I was told there where arrears however my ex wife has stated that she doesn't want any arrears and that there never was any so why am I still paying double ? I have spoken every week for the last two months but never seem to get an answer! myself see this as stealing money off me every week and therefore a criminal offence !
gloryhunter - 16-Mar-17 @ 10:35 PM
hello im a Dad with a current DEO in place however I am being stopped double what I should be paying as the csa told me there where arrears! however there are no arrears and even my ex wife has contacted the csa telling them so, even went as far as telling them even if there was arrears she wanted them written off the csa have now agreed there are no arrears but continue to take double. The ex wife has shown me how much she is getting from them so are the csa stealing from me because she is getting half of what I'm paying.
gloryhunter - 16-Mar-17 @ 10:26 PM
Blue - Your Question:
Is the interest on my savings included when determining any payments ?Thank you

Our Response:
Unearned income, such as income from savings and investments, isn’t taken into account when the CMS makes a maintenance calculation. However, if the receiving parent believes the paying parent has substantial unearned income, the receiving parent can ask the CMS for a variation of the maintenance calculation.
ChildSupportLaws - 16-Mar-17 @ 10:15 AM
Is the interest on my savings included when determining any payments ? Thank you
Blue - 15-Mar-17 @ 7:01 AM
David - Your Question:
Hi,I'm a single father with a 12yr old son who lives with me. I had to give up a career in management so that I could take care of my son as he rarely sees his mother who has 2 children with another partner. She does not provide any child support at all. She does not need to work as her partner earns enough to support her very comfortably. She doesn't claim any benefits because of the household income. She owns her own home, and flies to Dubai every 2nd month for holidays. Is it possible to claim support from her or has she found the perfect loophole?

Our Response:
Unfortunately she has found the perfect loophole. Any maintenance calculations are based on the parent rather than the parent's partner.
ChildSupportLaws - 8-Mar-17 @ 1:43 PM
Hi, I'm a single father with a 12yr old son who lives with me. I had to give up a career in management so that I could take care of my son as he rarely sees his mother who has 2 children with another partner. She does not provide any child support at all. She does not need to work as her partner earns enough to support her very comfortably. She doesn't claim any benefits because of the household income. She owns her own home, and flies to Dubai every 2nd month for holidays. Is it possible to claim support from her or has she found the perfect loophole?
David - 7-Mar-17 @ 6:45 PM
TMG349 - Your Question:
My daughter is 19 years old and will finish her college course at the end of March. I have been paying child support payments to my ex via a voluntary agreement since 2013 as I was working abroad where no reciprocal agreement existed. My daughter will start employment once she finishes her college education at the end of March, my question is.how long after my daughter finishes college do I need to pay child support?

Our Response:
Officially, you should pay until the end of the school year (August 31) and/or when child benefit stops. However, if you have a family-based voluntary agreement, you can decide when payments should stop between yourselves.
ChildSupportLaws - 6-Mar-17 @ 11:17 AM
My daughter is 19 years old and will finish her college course at the end of March. I have been paying child support payments to my ex via a voluntary agreement since 2013 as I was working abroad where no reciprocal agreement existed. My daughter will start employment once she finishes her college education at the end of March, my question is....how long after my daughter finishes college do I need to pay child support?
TMG349 - 5-Mar-17 @ 10:22 AM
My ex and I have been divorced for nearly 10 years now (separated for longer). Our daughter is 12 years old now and lives with me. She stays with him one weekend every two or three weeks. He has never paid me any maintenance although he sometimes buys her expensive presents or gives her inappropriate amounts of 'pocket money' which he says is for her to spend as she wants and he does not need to tell me about it. I gave his details to the CSA when we divorced, but never heard anything from them. Over the years I raised the issue with him several times but he just flatly refused to pay me anything. I had begun to think I should go to the CSA (CMS?) again, but 18 months ago my financial situation changed when I inherited some money and a property. Question: If I were to apply for maintenance now, would this recent inheritance affect anything?
Dee - 4-Mar-17 @ 12:47 AM
Hi my ex is self employed and regularly pays 20% of his net wage for our two children. He receives a large tax rebate annually, am I entitled to 20% of that as it is part of what he has earnt.
Ck - 2-Mar-17 @ 4:54 PM
Hi my ex is starting a goverment apprenticeship that pays NMW at the over 21 rate and it's full time hours approx £250 a week. Will he still have to pay me maintenance as it's a training course and he does 1 day a week at college and the rest is on job training??
Joe - 26-Feb-17 @ 6:49 PM
Ive paid for my daughter since separation, I hitbad cash flow a year ago and havent paid a years worth,my ex now wants to take it to the csa! Baring mind when we split I signed over my half of our house,if sold we would have both pocketed 30k each profit,where do I stand on this as 30k is a lot ofchild support already signed over in property?
Windy - 25-Feb-17 @ 1:03 AM
Hello, my partner pays 45.00 direct to the mother of his 12 year old daughter p/w, but has recently lost his job and has no income other than mine. The mother is now claiming that I have to pay it as he can't, from what I am aware This isn't true but I need to know for sure, is this true? Thanks
Taylar - 18-Feb-17 @ 6:30 PM
Is it right that my husband has to pay £45 a week to the mother of his child when she is unemployed and claiming all the benefits that she can plus now stopping my husband from seeing his child. She recieves this sum on top of all the benefits that she gets.My husband has been through court and has a court order to see his child with added progress but she will not allow progress. We paid 7000 in court fees whilst she paid nothing plus has a car and house off the goverment and all she does it smoke drugs and has no intention to get a job. The child is not a baby so does not need full time care as the child goes to school and does a lot of after school activities. There is also no reason and even settlesd in court that my husband has done anything wrong to not be able to see his child. Basically the mother just eas not impressed that the father got married. I just dont understand why a working couple that are hungrey to see the child and the mother has no reason to stop us or even the father for that matter. If she just didnt want myself to see the child id be fine with that but the child is missing out on seeing his loving doting father. I wouldnt mind so much if it helped the benefits system for instance what we pay they then deducted saving the govement finances but the mother is to recieve this on top off ful benefits. She has a car, car insurance and car tax and a full rent house paid for by government. She gets burserys of gas and electric. Myself and my husband even pay for his clothes. So i dont understand what she could possibly need all that money for and to not even give anything back to the government. Not only does she recieve the tax we all employed people pay and she is now recieving our wages aswell. Please if anyone has a solution to this it would be great or if this is atchually correct?
Lou - 17-Feb-17 @ 5:33 PM
My ex husband and I have a family agreement of him paying £378 for our 2 children to live full time with me. He sees them 4 nights a month on average. How can I find out how much he earns? As he had agreed he is paying me less than he should do? I've asked him outright what he earns and he says he has no legal right to offer that info to me. I've spoken to the CMS and they have said unless I want to go down the official route I have no way of ever knowing what he earns. How can this be possible that he never has to disclose his income? I know he gets regular increments to his pay and has recently had a promotion which would be financially rewarded too. Surely our 2 children should have a legal right to an increase in their CM which is reflected by my ex husbands salary increases? Everything is increasing by inflation. How is it right the CM payments don't? Surely there should be some sort of law that enables the receiving paying parents to find out what level of income the paying parent has so they know that their children are being cared for at the correct rate. We did the family based agreement to keep things amicable but how can things be amicable if he's earning more and able to pay bills that are all subject to inflation yet keep the CM at the level it what was agreed almost 7 years ago with no inflation added to it.
OBTS11 - 17-Feb-17 @ 1:24 PM
Sow - Your Question:
Hi I have always payed my ex for our 1 child for the past 8 years since we split up, I pay a set amount of £50 p/w also I pay school uniforms holidays, trips and pick her up 1 hour away, she claims full benefits including DLA and carers allowance as she has an illness ! Is this ok for her to claim all the money and receive payments from me ( the father )

Our Response:
Regardless of what her benefits are, she is still entitled to receive money from you. As your child's father, you are responsible for paying towards the upkeep of your child.
ChildSupportLaws - 16-Feb-17 @ 11:41 AM
Hi I have always payed my ex for our 1 child for the past 8 years since we split up, I pay a set amount of £50 p/w also I pay school uniforms holidays, trips and pick her up 1 hour away, she claims full benefits including DLA and carers allowance as she has an illness ! Is this ok for her to claim all the money and receive payments from me ( the father )
Sow - 15-Feb-17 @ 3:37 PM
@Taylor - If he is not supporting you - I'd tell him, if he doesn't you are going to get a job. You need to be able to support yourself!
Amy - 14-Feb-17 @ 11:45 AM
Hi I want to know what to do , my husband stays in the Uk and I'm staying abroad with the 2 kids , both are his own but the mine is a little one, she is 5 years old.The other one is my step son.Now he refuse to pay for maintenance.He doesn't allow me to get a job bcos of his insecurities now I can pay for a flat we staying in and I can't pay for my child education and welfare, please help.
Taylor - 13-Feb-17 @ 1:25 PM
Hi My ex husband and I have been separated for almost 3 years. To date he has never paid any cms as he insists the benefits which I receive for our 2 children (DLA for 1 child, child tax credits and child benefit) is sufficient to provide for their needs. I have the children 4 nights per week and he has 3 nights per week, roughly 60/40 care. Last year I was aware he was struggling financially, so I agreed to sign over the child benefit (for one child), to help towards feeding our children when in his care. Am I being greedy by claiming any cms from him, barring in mind I provide everything, clothes, shoes, coats, mobile phones etc. In the past he's always insisted that I receive the 'lions share' of the money, therefore I'd be unreasonable to further claim cms? TIA
dillydallster - 13-Feb-17 @ 1:13 PM
Pip - Your Question:
I pay maintenance to my ex and also an amount directly to my daughter as a mutaul agrrement as csa case was closed in dec 2015 my daughter is now 17 and working and also still in education under old csa rules if the child starts work you didnt have to pay maintenance.is this still the case.

Our Response:
Every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If she has continued in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then your maintenance payments will continue until your child finishes the course (or reaches age 20). In addition, if she has a part-time job alongside her education, then you would still have to pay child maintenance. However, if she is working full-time, or is serving an apprenticeship where she is earning money, but studying/training, then your child maintenance payments would stop. The main thing to find out is whether your ex is in receipt of child benefit. If she is, then child maintenance payments should continue until child benefit stops.
ChildSupportLaws - 3-Feb-17 @ 11:24 AM
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