What if Your Child's Support Payments Stop?

If you rely on maintenance from your child's other parent, it can be a real worry when the money stops arriving. Before assuming the worst, it helps to know how the current rules work, what counts as a legitimate change, and what you can do if something looks wrong.

In the UK, statutory child maintenance is handled by the Child Maintenance Service (CMS), which replaced the old Child Support Agency. The CMS calculates how much the paying parent (the one the child does not mainly live with) should pay to the receiving parent, based on the paying parent's gross income, the number of children involved, and how often the child stays overnight with them. This is separate from Child Benefit, which is a payment from HMRC to whoever is mainly responsible for the child. You can check current Child Benefit rates on GOV.UK.

Not every family uses the CMS. Some parents come to a private "family-based arrangement" between themselves, which works on trust rather than any legal framework. Others have maintenance set out in a court order, usually as part of divorce or separation proceedings. Each type of arrangement has different options if payments stop.

When payments stop for a legitimate reason

If your payments come through the CMS and they suddenly stop or drop, the first question to ask is whether the change is allowed under the rules.

Child maintenance does not carry on forever. In general, it ends when the child turns 16, or when they turn 20 if they stay in approved full-time education up to A level or equivalent. Support can continue beyond these ages in some cases, for example where the child has a disability or other special circumstances that require ongoing financial support. If your child has recently left school or college, that may explain why the payments have stopped. The CMS can confirm the exact end date for your case.

Payments can also change because the paying parent's circumstances have changed. Common reasons include:

• A change in income, for example losing a job, starting a new one, or moving to self-employment.
• Starting or stopping certain benefits.
• A change in the number of children they are supporting, including children in a new relationship.
• A change in how many nights the child stays with them.

Either parent can report a change of circumstances to the CMS. Once reported, the calculation may be reassessed and the amount paid can go up or down. Amounts are also reviewed at the annual review. So some variation over time is normal and not a sign that anything is wrong.

When you suspect something is not right

If payments have stopped or reduced and you cannot see a fair reason for it, contact the CMS. When you call, it helps to have your case reference number, the dates of missed or reduced payments, and any recent correspondence to hand. They can tell you whether a reassessment has happened, whether the paying parent has reported a change, and whether arrears are building up.

If you think the other parent is hiding income, for example cash work or money taken as dividends from their own company, you can ask the CMS to look into it. They have powers to check HMRC records and, in some cases, can apply a "variation" to the calculation to take extra income or assets into account.

Where the paying parent simply is not paying what they owe, the CMS can take enforcement action. This can include:

• Taking the money straight from wages through a deduction from earnings order.
• Taking money directly from a bank or building society account.
• Using enforcement agents (bailiffs) to recover the debt.
• Applying to court for an order, which in serious cases can lead to loss of a driving licence or passport, or even a prison sentence.

Enforcement can be slow, and arrears sometimes build up before anything happens, so it is worth pushing the CMS if you feel the case is drifting. Keep a record of dates, missed payments and any contact you have had.

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If your arrangement is private or through the court

A family-based arrangement has no legal force. If the other parent stops paying, you cannot enforce the agreement directly. What you can do is apply to the CMS for a statutory calculation. Any promise you made not to go to the CMS is not legally binding, so that should not put you off. Be aware that a CMS calculation generally takes effect from when you apply, so it will not usually cover unpaid amounts from the period when the private arrangement was still in place.

If maintenance is part of a court order made during divorce or separation, and payments stop, you may be able to go back to court to enforce it. Family law solicitors and Citizens Advice can point you to the right procedure. In some situations a court order for child maintenance can be replaced by a CMS calculation after a set period, so it is worth checking where you stand before taking action.

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Keep contact and money separate

Money and contact often get tangled up when communication breaks down, but in law they are two different things. If the other parent stops paying, that does not give you a reason to stop them seeing the child. Equally, they cannot withhold maintenance because they are unhappy about contact. If there is a child arrangements order in place, breaking its terms can lead to serious consequences in the family court.

This can be hard in practice, especially when you feel the other parent is not pulling their weight. Try to deal with the maintenance issue through the CMS or the court, and keep contact arrangements running as normal where it is safe to do so. Children tend to pick up on conflict between parents, even when adults think they are hiding it well.

Where to get help

If payments have stopped and you are not sure why, your first step is usually to contact the Child Maintenance Service on 0800 171 2345. For wider support, Citizens Advice offers free guidance in person and online, Gingerbread runs a helpline specifically for single-parent families, and family law solicitors can advise on court orders and enforcement. Legal aid is limited in family cases but may be available if domestic abuse is a factor.

Maintenance disputes can drag on, and the rules are not always straightforward. Getting proper advice early, from the CMS or one of the services above, tends to save time and stress later on.

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 →