The Pros and Cons of the Child Support Laws

Author: Anna Martin

As a lone parent financial concerns and issues may cause a considerable amount of stress. Raising a child, or several children, is a costly experience and having to account for every penny is an everyday occurrence for a lot of people.

Being able to claim child support is an entitlement that not only eases the financial pressure in the home environment but also reduces child poverty.

Collection And Distribution

In order to receive the maintenance payment you are entitled to, as a parent with care, a parent will have to apply for support via the Child Maintenance Service (CMS). Once detailed information, regarding the non-resident parent’s income, has been processed and the amount of maintenance is calculated the CMS will help organise collection and distribution of payment to the parent with care. However, the whole operation does not always run smoothly, which results in the experience having a negative effect on both parents.

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The Real Cost Of Maintenance Payments

Paying child support requires a big commitment from any parent.

Whilst the parent with care may be in need of financial assistance to cover the cost of bringing up a child, the non resident parent may find they are having to work longer hours in order to be able to provide sufficient funds to cover the cost of the maintenance payments and their own living expenses. If an acrimonious split has occurred between the parents the non resident parent will feel even more aggrieved at having to fork out money to an ex partner.

Custody battles or arguments over visitation rights may also impact on the situation between the child’s parents, and make the child support application process a lot more difficult. In some cases non resident parents may opt not to pay maintenance support by remaining absent and not providing contact details or income information. Without this information processing an application for child maintenance requires the CMS to trace the non resident parent.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

The Positives

Regular maintenance payments can take the pressure off financial concerns in the home, for the parent with care. Where shared care is in operation, the child, or children, will also benefit from having regular contact with both parents.

Sharing care enables the non-resident parent to spend time with their child in their own home, and will also mean that the amount of payable maintenance is divided by two, and reduced by one-seventh for each night the child spends at the non resident parent’s home.

Weighing Up The Pros And Cons

The way a parent can strengthen commitment to paying regular child support maintenance is to understand the reasons why they are doing so. By providing regular financial assistance for their child the non resident parent remains in some form of contact with the child – either through visits, shared care or by contact via the parent with care. For many non resident parents understanding the responsibility they have as a parent enables them to view the financial commitment in a more acceptable way.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

Showing 20 of 33 questions

Ask Child Support Laws a Question

J0 05/07/2020 at 5:47 pm

My ex has re-married and both are working, I am struggling with debt. Can I ask CMS for reduced payments as the paying parent ?

CT 27/03/2019 at 11:15 pm

Could you advise why the CMS does not consider mortgage payments towards a home in which the NRP is staying as deductible from CMS payments, in all cases?

I had to leave my family home due to relationship breakdown. I continued paying the mortgage, as the ex did not work, and a father I needed to keep my children homed. My ex claimed full CMS off of me, but because my name is on the mortgage, I cannot get any relief on this.

The house is now being sold, but i have accrued severe debts, needed to work longer hours, and live very frugally, whilst the ex, does not work, and drives around in a very nice car. This is a very bad education to be giving our children, and they are poorer for it.

ChildSupportLaws Editor 13/04/2018 at 9:21 am

Regarding whether your son's mother has to pay it would depend upon whether the mother is earning or not (unless the mother is considered the primary carer still). If the mother is earning, then she would be eligible to pay child maintenance if his nan is considered his legal guardian. As a rule, if you are paying at the basic level for one child you’ll pay 12% of your gross weekly income, 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 they continue 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.

W 12/04/2018 at 11:46 am

Please advise Pay near on £400 month child support for my son that has always lived with his nan, leaves me nothing to pay my bills and getting into debt, his mum has never paid a penny, shouldn’t she have to pay as well ?child is now 18 and I’m still paying

G3m1ma 15/02/2018 at 12:44 pm

Why is the csa the ONLY organisation to deduct before tax which obviously is not a true reflection of ones income ??????? Not fair nor is it financially viable this system puts paying parents in debt or at least out of pocket for there own needs

ChildSupportLaws Editor 30/10/2017 at 2:55 pm

Have you tried speaking to the Reciprocal Enforcement of Maintenance Order (REMO) unit directly for some advice?

Eddiemel 27/10/2017 at 9:58 pm

Looking through some of the responses in other conversations I can see that using the REMO act has been suggested. I have asked the CMS to use this (my ex has gone to Belgium, a country that has signed up to the REMO act) but they either don’t understand what I’m saying or are unwilling to pursue this line. I have asked them to do this both via telephone and email. I believe the CMS, like it’s predecessor the CSA, is not fit for purpose - especially when I had to pay them to open my claim for child maintenance.

eddiemel 27/10/2017 at 9:40 pm

My partner has paid no maintenance since 01/04/17. She was paying just over £24 per month for our two children (she also made us homeless for just over a year) and has now moved to Belgium to avoid paying. She’s currently over £700 in arrears, should now be paying £82 something per month and due to the financial difficulties she’s put me in I have had to file for bankruptcy. The CMS know where she is but all they will do is send her a letter. I see from other comments people’s opinions of the CMS and I have to agree with them. I thought, maybe wrongly, the whole idea of the CMS was to hold the absent parent accountable for their financial obligations. I’m not racist but almost every operator I’ve spoken to at the CMS has an extremely poor understanding of the English language so I never like I’m getting anywhere. It’s very frustrating. I’m on my own, unable to work due to my sons special needs and all I want is for her to pay what she should - after all she’s the one that cheated and kicked us out of our home of 15 years. The CMS are genuinely useless.

MattH Editor 31/10/2017 at 3:15 pm

@Shaz - CMS cannot take more than 40% of a person's wages. The NRP has to have something to live on I've pay their rent and eat.

Shaz 27/10/2017 at 5:17 pm

Non communication between CMS. I’m at the end of my tether. Seems like they have no powers at all to secure money which they have told me my child is entitled to.
They write to tell me amount then every month it changes. My ex seems to have the law on he’s side with regards to having 60% of earnings protected. Nearly two years my case has been open and I’m only just receiving my second payment which is a different amount to what they told me. Over £5,000 in arrears and they can’t get one penny because of laws protecting he’s earnings whilst I work two jobs to keep my head above water.
Every phone call is full of excuses.

DRJD 11/10/2017 at 9:05 pm

why even when child custody is half and half does the father still need to pay the other parent who has a residential order? So over a 2 week period the child stays 7 nights at each household. Father works, mother doesn't. Yet father still needs to pay. Is there any plausible reason for this?

ChildSupportLaws Editor 22/09/2017 at 10:42 am

Much depends upon how your friend pays child maintenance. If he plays through The Reciprocal Enforcement of Maintenance Order (REMO) Unit which helps to register and enforce child maintenance orders internationally, then he would be subjected to arrears.

Mari 21/09/2017 at 2:40 am

A friend from Brazil had a child with a U.K. Citizen and the boy now is 15 years old and he wants not pay child support anymore. What are my friends options in U.K. Laws compare to the Brazilian Laws , he's now marrried a Russian gal and has e daughter a sister that Antony the son has not meet yet. Thank you Maria.

ChildSupportLaws Editor 23/05/2017 at 2:28 pm

Your ex can claim child maintenance directly through CMS, if and when she chooses, regardless of any written agreement.

BloodBought 22/05/2017 at 11:17 pm

Hi,

I have a written private agreement with my wife to help support our children. It was drawn up and the amount that is paid each month was what my wife wanted. She saw the document and signed both her copy and the copy that was made for myself.

She is threatening to go to the CSA because she is not handling her finances very well and while we are separated I have always told her that I would never see her, or my children stuck financially.

Does she have legal grounds to still go to the CSA or does the written private agreement nullify it?

Freaknik 11/05/2017 at 9:52 pm

My friends mom keeps lying and making false accusations about the father and after multiple court dates and "agreements" she still keeps up with the lies to get more money out of him, making him suffer. My friend now can't get his classes paid for through fasa,health insurance is off and banks bounced his dad's checks so he couldn't attend driving school. What can be done?

MMM Editor 28/03/2017 at 11:54 am

@Amazing mum - A person who is not considered biologically related to the child, should not have to be obligated by law to pay for that child. Would you want to give yoru own salary to a child who is not biologically yours? Matt.

Amazing mum 27/03/2017 at 4:11 pm

I am proper annoyed that my ex apparently lives off his wife an because her earnings don't come into the case my ex therefore does not have to pay a penny. But yet my dearest is left to contribute as he has a good job an I can't claim tax credits. How does this seem right? I could not afford him on my own but yet I have to rely on my partner but yet the ex can just live off his wife whom she chose to marry knowing he had a child so I think her earnings should be taken into account. Especially when they also have children together, nice house, nice cars, holidays (never taken my son on holiday with them in 8 years may I add) who decides who should pay what as I think his upkeep minus child benefit should be split equally between both parents....frustrating

ChildSupportLaws Editor 17/02/2017 at 11:32 am

This is always a tricky question to answer, but in some circumstances it is worth taking the matter to court. You can see whether you might be entitled to legal aid via whichIf your child has learning difficulties, this may give you a stronger case for being able to pursue the money. The court can look in to your ex's finances in more detail than the CSA can. Therefore, sometimes a solicitor's letter outlining what you intend to do if your ex does not pay the money owed may help (especially if he has anything to hide financially). I hope this helps.

Meesha 16/02/2017 at 3:10 pm

My x husband left without arranging any maintenance from when our child was 3 until 8-9 years old, when he returned he lied about his earnings and was instructed to pay only £21 a week plus £9 toward his non payment, he has paid through the bank for approx 7-8 years, the CSA have now established that he should have been paying £54 a week plus arrears, ( he has paid this for one week so far) our child has learning difficulties and is still at school and maybe there until 19 although I have been sent a CSA letter saying that any maintenance will stop in August, what can I do to retrieve the £7-8 thousand owing to me, ( my X has a big house, lovely car, goes three holidays a year,) while my child and I have not been anywhere for 7 years as I am on a low income.) If the CSA cant get the money can I take out a private prosecution with legal aid.

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