Child Maintenance Options
Any lone parent in need of financial assistance has the right to claim child support maintenance from the absent, or non resident, parent of the child or children. The Child Maintenance Service is a government executive agency with authority to collect and distribute maintenance benefits from one parent to another. This maintenance payment is calculated according to income, and can be collected and distributed to the parent with care via a 'Direct Pay' arrangement. However,the preferred route is for parents to make their own agreement via a 'family-based arrangement'.
A gradual three year process for CMS to replace CSA began in July 2013. All CSA cases will close and any new cases must now be opened with CMS. If you have a case with CSA, you will receive a letter confirming the date that your case will be closed at least six months before the file closure. Parents can choose to re-open their closed CSA cases under the CMS scheme.
Private Agreement
Provided there is an amicable relationship in place between both parents, a family-based arrangement offers a flexible option. Without getting the courts or CSA/CMS involved the parent with care and the non-resident parent can discuss financial requirements and expectations between them. Any decision made can be drawn up in an official document if required.Consent Order
This option requires a court ruling to be made. A Consent Order is a mutually agreed decision regarding how much maintenance is to be paid, and the frequency of these payments. This agreement can be made privately, between the parents, or with the aid of a solicitor. This agreement is then given to the courts in order for it to be turned into a Consent Order. This form of arrangement usually takes place if parents are already going to court, either as a means of dividing assets or as part of divorce proceedings.Other ways to organise payments
If there has been an acrimonious divorce or separation, or communication has broken down between parents, CMS will gather relevant information, calculated maintenance payable, collect payment and distribute to the parent with care.The process requires the collation of information, regarding non resident parent’s income and circumstances, from the parent making a claim for child support. This information is then assessed and maintenance payment is then either collected from the non-resident parent or directly from the parent’s employer.
However, if the parent with care is unable to provide contact information for the non resident parent, the CMS will have to trace the parent. This process slows down the application for child maintenance considerably but there may be no other suitable option available to the parent with care.
If family circumstances change, it is also the resident parent’s responsibility to inform the CSA and CMS of these changes, as maintenance payments received may be affected in some way.
Most separated parents agree that both parents should pay towards the upkeep of their children. However, making arrangements for children after separation isn't always straightforward. Parents can access helpful support and free advice via the Child Maintenance Options website.
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My ex had a large backpayment of maintenance to pay to me due to not paying anything for many years.
He didn't pay me what the amount due, but I was under the impression that the payments would just continue until the total had been met. I have just been informed that due to the case being closed as our daughter turned 13 I can't claim any non payments now. Is that correct?
Beans - 29-Jun-23 @ 3:35 PM
if my ex wife marries and is having another child is she still entiled to CSA
muhammad salam - 27-Mar-23 @ 4:34 PM
My daughter and her ex-partner could not agree how much child support should be paid by the ex-partner so they went through CMS. This is now going through although it has been delayed by 3 months, no payment has yet been received by my daughter. My daughter and ex-partner have now agreed to a 'family agreement ' of weekly payments and wish to withdraw from the CMS agency.I have searched high and low but cannot find any information to see if this is possible.How would they go about this.
Paxo - 21-Mar-23 @ 4:57 PM
Hi,
I opened a case with cms and channelled most decision, and have requested a tribunal which I have been granted this is going to be a long process. But now my ex has agreed to pay the right amount in a mutual agreement. Which I know he will as his wife will make him.
Can I just cancel my cms case, do I have to provide anything and can I cancel the tribunal?
Jen - 11-Jul-22 @ 1:42 PM
He denied the baby when iwas pregnant then when i took her to court many people interfered now his not supporting her and I'm not workingshe's6yearsicant even buy her clothes food like ather kids ???????? ineed help
SEBE - 10-Aug-21 @ 5:33 AM
Hello,
I have been paying for my children for 14 years now to an ex wife who cheated and decide that she wanted something different.
So my youngest is 16 years old in a few weeks, and i have asked for evidence of full time education, likewise my 18 year olds evidence of full time education.
She will not provide this, lots of tests but no evidence.
I feel i have paid for long enough and never missed a single payment, i requested this information with my two oldest children "now 21 and 19 years old", she simply wont give it to me.
I have told here that without evidence which i can have verified, i will stop the payments, am i within my rights?
MPJ - 1-Apr-21 @ 10:59 AM
I have a daughter, her dad has never wanted anything to do with her. I was advised to go through CMS to ensure that my daughter was supported. This angered him and he’s been fighting it every since.
He’s not currently paying due to COVID redundancy but has out of the blue offered to support as long as I cancel the CMS claim. I’m obviously dubious.
If I cancel the claim and he doesn’t stick to his word, can I reopen the case easily to have a more formal agreement through CMS?....
Mommyof1 - 25-Feb-21 @ 8:55 PM
I'm currently homeless
Sleeping nights at friends and also on the street. My ex has three children to me which I don't see. I'm on minimum wage and cms take around 160 a week to 250 pounds I'm left with 218 a week is this right as I cannot afford to live with the bills and fines I have cannot afford a flat never mind gas electric council tax food travel costs???Can anyone help cos when I call I left hanging when time I don't have thanks
Benson - 2-Nov-20 @ 6:35 PM
My sons dad said that because I get child support for my son he does not need to pay csa is this true
Candice dykes - 6-Jul-19 @ 4:32 AM
I have 2 kids with my ex, the eldest no longer speaks to him but the youngest, who is 20 is disabled. He finished college & the ex has now decided he no longer has to pay. Our child is autistic with severe anxiety & sensory issues & completely dependant on me.He would not be able to survive independently as he has to be prompted for everything, washing, dressing appropriately, brushing his teeth etc His dad isn't interested. He barely sees him & doesn't understand his condition. I've given him the option of continuing to pay until our son can find employment that suits him or have him 168 hours a fortnight or I'll seek legal advice. He seems to think I'm making up the fact that he needs to keep supporting his son financially & the burden shouldnt fall on me entirely. He has paid under what he has supposed by about £150 a month for years when it was both of them & despite being entitled to £60 a week he was only stumping up £35 a week the last 4 years. I didnt realise while at college my child was eligible to claim esa so never claimed it so am only just about to do a claim which I believe would reduce payments from his dad. I'm not trying to fleece his dad I just don't see why the entire financial & emotional burden should be on me just because he's turned 20 & employment options are limited.
Kirs - 7-Oct-18 @ 4:53 PM
Mummyhippo - Your Question:
Hello,What is the age the CSA will not claim child maintenance? If it’s 19, will the child maintenance claim, stop on the child’s 19th birthday or at the end of the child’s 19th year?
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 the child chooses to do. If they continue in full-time non-advanced education not higher than A-level equivalent, for at least 12 hours a week, then maintenance payments will continue until the child finishes or until they turn 20. As child maintenance stops when child benefit eligibility does, you can see more via the link here.
ChildSupportLaws - 12-Mar-18 @ 2:44 PM
Hello,
What is the age the CSA will not claim child maintenance? If it’s 19, will the child maintenance claim, stop on the child’s 19th birthday or at the end of the child’s 19th year?
Mummyhippo - 10-Mar-18 @ 8:30 AM
Kitty- Your Question:
So my partner is letting is daughter go and live with her mum who has never paid for her, he will now ofcourse have to pay for his daughter we have worked it out at about 150-200 a month but we can't afford it. We also have two children of our own that live with us and another on the way. Will the payments bee reduced as he's the main provider I have no income myself and worried that we won't be able to afford to live in my home if he has to pay that and support me and our 2/3 children aswell
Our Response:
I can only point to how child maintenance is worked out, please see link here which will tell you all you need to know.
ChildSupportLaws - 19-Feb-18 @ 3:06 PM
So my partner is letting is daughter go and live with her mum who has never paid for her, he will now ofcourse have to pay for his daughter we have worked it out at about 150-200 a month but we can't afford it. We also have two children of our own that live with us and another on the way. Will the payments bee reduced as he's the main provider I have no income myself and worried that we won't be able to afford to live in my home if he has to pay that and support me and our 2/3 children aswell
Kitty - 17-Feb-18 @ 8:58 PM
I have paid maintenance payts at £200 pert month since 2006. Our son is now 16. I am not registered with the CSA.
I retired 5 years ago on reduced incomeand have maintained th £200 per month. Two years ago our son starts at a special residential school for children with learning difficulties.
My ex claims carers allowance and recovers travel expenses alternate weekends when our son goes home.
How does this impact on two issues, first my reduced income in retirement since 2012 and second, my sons attendance at boarding school where the State pays for everything ie food, tuition, accommodation.
Should I be eligible to pay less maintenance on account of thefacts I have just listed?
Buckles - 7-Oct-17 @ 2:46 PM
helpneeded - Your Question:
I have been with my partner for a few years and married for 3, he has a girl fro his first marriage and receives child maintenance from his ex-wife, if we separate would I need to contribute?
Our Response:
Your partner's child is not your financial responsibility. You would not have to pay child maintenance.
ChildSupportLaws - 17-Jul-17 @ 12:06 PM
I have been with my partner for a few years and married for 3, he has a girl fro his first marriage and receives child maintenance from his ex-wife, if we separate would I need to contribute?
helpneeded - 15-Jul-17 @ 2:08 PM
Babyboo - Your Question:
Hi, my ex husband and we have always been amicable, but recently things have taken an unsavoury turn. He's always paid me child maintenance of £200 per month verbally agreed by ourselves, today I have received a text from him stating "My child maintenance payments have been reassessed, I have been overpaying you for over a year now so as of the end of November your payments will change to £182.27. We will talk about the repayments of the overpayment at mediation" Can he ask for repayments? There is nothing in place, or on paper to suggest what he pays, it's always been a verbal arrangement. Plz help. X
Our Response:
He can't force you to repay the surplus amount if you have always been paid via a family-based arrangement and not through the CMS/CSA.
ChildSupportLaws - 1-Nov-16 @ 10:16 AM
Hi, my ex husband and we have always been amicable, but recently things have taken an unsavoury turn. He's always paid me child maintenance of £200 per month verbally agreed by ourselves, today I have received a text from him stating "My child maintenance payments have been reassessed, I have been overpaying you for over a year now so as of the end of November your payments will change to £182.27. We will talk about the repayments of the overpayment at mediation"
Can he ask for repayments? There is nothing in place, or on paper to suggest what he pays, it's always been a verbal arrangement. Plz help. X
Babyboo - 31-Oct-16 @ 2:52 AM
Thanks at moment it's in her name and we are in the process of swapping names on Child benefit all she's saying is i can claim tax credits and don't need any money from her to support are child at moment he lives with me full time and if she can she will have him for a night or 2 and that she we support him when she has him witch sounds crazy in my eyes
Godaddygo - 22-Jan-16 @ 5:36 PM
Godaddygo - Your Question:
Can any1 help plz my wife left and at moment she's having my son when she can she's saying when she's sorted we will share are son 50/50 I can't work due to illness and with me been at home she's has done well climbing the ladder at work do I have any rights to claim any money off her to support are son
Our Response:
You can see whether you are eligible to claim through the CMS calculator, here. Also if you are the primary carer then you should be able to apply child benefit. Please see Turn2Us link hereto see if you are entitled to other benefits.
ChildSupportLaws - 22-Jan-16 @ 12:14 PM
Can any1 help plz my wife left and at moment she's having my son when she can she's saying when she's sorted we will share are son 50/50 I can't work due to illness and with me been at home she's has done well climbing the ladder at work do I have any rights to claim any money off her to support are son
Godaddygo - 21-Jan-16 @ 7:06 PM
shana - Your Question:
I have a 3 month old baby I live in Jamaica with the baby. The father of the child live in england.How do I get support for the child
Our Response:
Jamaica is a member country of Reciprocal Enforcement of Maintenance Orders (REMO). See link here which gives you the contact details in order to apply.
ChildSupportLaws - 5-Oct-15 @ 2:55 PM
I have a 3 month old baby I live in Jamaica with the baby. The father of the child live in england.How do I get support for the child
shana - 5-Oct-15 @ 7:10 AM
Annsim - Your Question:
We have an agreement for my 2 year old girl to pay so much per month. 1st Question: should I have an agreement drawn up by court ? 2nd Question: as the child age increases, can I justify an increase in payment to secure educational and special needs; ie result of debilitating injury, or disease. Agreement procures two nights per week and alternate weekends.
Our Response:
If it is a family-based agreement then it can either be officially drawn up between yourselves, drawn up though mediation, through a solicitor or via the CMS. Only an order made though court is official - anything less can be changed at any time, dependent upon the circumstances. However, the courts will always suggest you try and resolve the issue through mediation first before taking it to court. If your daughter has a debilitating injury, then perhaps it may be better to have the arrangement made through mediation or the courts to procure her long term care. However, if she hasn't and you are posing a hypothetical question, then it would probably be better to leave this until such an eventuality (which hopefully wont), occured. Please see our partner Separated Dads site link, Mediation - What is is and is it for Me? here, to see if mediation may suit you best. I hope this helps.
ChildSupportLaws - 25-Sep-15 @ 10:43 AM
We have an agreement for my 2 year old girl to pay so much per month. 1st Question: should I have an agreement drawn up by court ?2nd Question: as the child age increases, can I justify an increase in payment to secure educational and special needs; ie result of debilitating injury, or disease.Agreement procures two nights per week and alternate weekends.
Annsim - 24-Sep-15 @ 6:45 AM
@gaffers - it is rare and has to be for a good reason for the courts to allow a father to relinquish their parental responsibility, and especially not in order to escape paying child support - you can imagine the amount of men that would try and wriggle out of doing this. Have you thought of trying the other route and taking it to court to apply for access to try and get to know your children? You can self-litigate if you do not wish to pay the high court fees, see link here . I hope this helps.
ChildSupportLaws - 30-Mar-15 @ 3:00 PM
I have two children, 6 and 4. I was fortunate enough to spend a year with the 6 and only 1 week with the 4 year old before the relationship broke right down... No contact at all since 2011, by phone, letter anything.. Nothing, the mother remarried, and raises my 2 kids that she dosnt let me see. There is no court order or nothing against me, just her arrogance.. I have to pay a large amount of csa, for children iv hardly ever met or have contact with.... If I signed over full parent responsibility to her would I still have to pay csa???
gaffers - 28-Mar-15 @ 8:59 AM
@cuddles - you can appeal against that through its Complaints Resolution Team who will look into it. It's shocking how they can just take money from your account, especially when you've told them and then for them to tell you you can't have it back.
Mick - 6-Jan-15 @ 3:04 PM
@inapickle - you'd really have to sort it out with them. Usually you can't have a retrospective payment. But if CSA weren't notified of the change in circumstances (i.e. your child coming to live with you), then she might be able to you, and you would have to prove that your child lived with you and that it was agreed between you.
Bella - 6-Jan-15 @ 3:00 PM
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