All parents have the responsibility to financially support their children, and to provide a safe environment for them to grow up in. Due to separation or divorce however, circumstances sometimes unexpectedly change, and the child, or children, may have to divide their time between their parents.
Child support payments provide a form of security for the child and parent with care, but require a commitment from the parent who leaves the family home.
Why Child Support Exists
The Child Support Agency (CSA) was launched in the UK in 1993, and was created to financially help and support all separated families - where one parent lives with the child/children and the other parent lives elsewhere. The non resident parent is expected to contribute to the welfare of their child, and it is the CSA’s job to enforce these maintenance payments if the absent parent refuses to pay this regular contribution.
Are You Liable To Pay?
The father of the child – regardless whether or not the parents were married – is responsible for financially supporting the child. Many unmarried fathers sign a declaration, acknowledging paternity, when the child is born and others are genetically tested in order to prove paternity. Parents of stepchildren however, are not obligated to pay maintenance support unless the child is legally adopted.
In cases where communication has broken down between the parents a father is still expected to contribute financially even though he may have limited visitation rights. However, if the parent with care disappears and makes visitation impossible for the non resident parent, child support payments can be suspended.
Shared care reduces the cost of maintenance a non resident parent is expected to contribute. By sharing parental duties and spending an equal amount of time with the child, including overnight stays, a non resident parent acknowledges responsibility and reduces maintenance costs accordingly. This is calculated as a reduction of one-seventh for each day.
Do Men And Women Have The Same Rights?
Child Support does not discriminate between genders and the Child Support Agency is only concerned with ensuring parents acknowledge responsibility and financially support their child or children. If the father has custody of the child he is therefore the parent with care. This gives him the right to claim maintenance support from the child’s mother.
Maintenance payments are expected to be paid until the child reaches the age of majority, which can range from 16 to 19, depending on the child’s schooling and educational needs. The parent’s responsibility to financially support though, is terminated if a child is legally adopted at any age. If the non resident parent is paying backdated maintenance this is expected to be continue until the debt is covered.
Failure To Pay
The CSA works alongside the Child Maintenance Enforcement Commission (CMEC) and has the power to enforce maintenance payments directly through the parent’s employer, by freezing assets and forcing the sale of property. The non resident parent can also be imprisoned for failure to pay maintenance.
i have a 4 month old baby with my ex, he is 20 years old, in college 4 days a week and claims he has no income what so ever. He wont get a job. He hasnt paid any child maintenance since my daughter was born. What should i do? i'd be greatful for any advice
rjr - 22 January 2012 @ 3:00 PM
Can a 15 year old lad be held responsible for maintenance payments?
Sylv - 25 November 2011 @ 2:47 PM
I divorced my ex in 2005 on the grounds of his infidelity and continued to work and raise my daughter happily, I took minimum voluntary maintenance payments from him (far below what I would have got through the CSA). He is in the RAF and last year got a posting to Cyprus, he discussed with my daughter the possibility of spending a couple of years out there with him to finish her schooling (she is now 15), he approached the subject with me some time after building her hopes up which made it very difficult for me to say no. I reluctantly agreed that she could go on the understanding that she come home as often as possible and made it clear to him that as he was taking her voluntarily and I would consequently lose artound £600 per month in income I would not be able to contribute anything financially, he agreed to this. She went to Cyprus last August, I have seen her three times, one of those times was because I went out there (at great cost to myself) to spend a week with her. I save money so that when she comes home I can 'spoil' her, I buy her clothes, top up her mobile phone regularly and send parcels. I came home from work tonight to a phone call from the CSA saying he has now made a claim against me, after 14 months, no prior warning, no discussion. I have been asked to pay £42 per week. He earns three times as much as me and has a wife who works. The CSA say that shared contact means I have to have her with me for 52 nights of the year, how on earth can this happen when she is so far away. I WILL lose my home and my daughter will have no where decent to come home to if this happens. Please, please can someone advise.
Sparky - 19 October 2011 @ 9:52 PM
Stated above:
However, if the parent with care disappears and makes visitation impossible for the non resident parent, child support payments can be suspended.
My ex (not married) took away my daughter when she was 6 months, refused contact and for a long time I did not know where they were.
I have since obtained address and sent letter requesting access.
I have recieved a reply saying I cannot have access.
How do I enforce above suspension of CSA payments and go about getting access or cutting my payments. I want access to my daughter but that is being denied to me. She even states in the letter that her new husband is her dad!!!
I agree totally with payments but where is the justice in having to pay out for a child whom I am denied the chance to get to know. Because the mum wants no contact. This seems all so unfair and biased.
JOHNY - 17 June 2011 @ 9:11 PM
All I want is the best for my son, having just sent a parental responsibilities request throough my solicitor to the mother I've had it thrown back in my face. I don't want my son dragged into things, however the mother has done this by shouting down the phone to my mother. I will not stop fighting for my son and would be grateful for any help concerning parental responsibilities-thank you
