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 'Collect and Pay' arrangement. However,the preferred route is for parents to make their own agreement via a 'family-based arrangement'.
The current Child Maintenance Scheme was introduced in 2012 and replaced the Child Support Agency. All CSA cases with an ongoing liability were closed by December 2018. Any new cases must now be opened with CMS. 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 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.
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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.
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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 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 Get Help Arranging Child Maintenance (GHACM) service.
If you find yourself in this situation you might want to contact Citizens Advice or a family law solicitor who can properly review your specific situation and help you understand your options for recovering what you're owed.
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?
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?
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?
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?....
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
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?
I retired 5 years ago on reduced income and 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 the facts I have just listed?
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
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