The reality is that the process of figuring out child maintenance is a stressful experience and knowing the ins and outs can seem impossible at first.
So, let’s start with the basics…
What Is Child Maintenance?
You may or may not be aware of what it is, but just for the avoidance of doubt –
It’s money that’s used to help pay for your child’s living costs.
It’s paid by the parent who doesn’t ordinarily live with the child to the person who has the most day-to-day care of the child.
Child maintenance is often referred to as child support, and you can get it if:
- You’re the main carer for the child
- The other parent doesn’t live with you as part of your family
A child is defined as either someone who’s under 16 or under 20 if they’re in approved education or training.
You’ll need to pay child maintenance if:
- You are the child’s biological or adoptive parent
- You don’t live with the child as part of their family
- You are the child’s legal parent
But How Far Back Can I Claim Child Maintenance?
The calculation of child maintenance involves several factors and might be a part of a divorce or the end of a civil partnership.
You can ask the Child Maintenance Service for a ruling on the amount of child maintenance to be paid, and it’s worth noting that in any calculation you’ll need to provide information on:
- how much the paying parent earns
- how many children the paying parent is or will be paying maintenance for
- how many nights a week the child spends with the paying parent
- if any other children live with the paying parent
If there has been a significant timeframe between you and your former partner separating and sorting out child maintenance, then it could be a case of backdating your child maintenance claim.
If your former partner has been lax on paying voluntary child maintenance, then it’d be wise to contact the CMS as soon as possible.
The issue here is that the CMS can’t recoup payments that your former partner promised to pay under an informal or voluntary arrangement…
BUT you might be able to take civil legal action against them to attempt to recover the missed payments through the courts.
If your former partner was ordered to pay maintenance as part of your divorce or civil partnership and they’ve stopped paying, then this will have severe consequences…
In this case, it’d be prudent to seek legal advice as you may need to go to court to resolve this.
All in all, child maintenance can be backdated for a long period, but there’s no definitive answer as to how long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.
Getting A Ruling On Child Maintenance
You can ask the Child Maintenance Service for a ruling on the amount of child maintenance to be paid, and it’s worth noting that in any calculation you’ll need to provide information on:
- how much the paying parent earns
- how many children the paying parent is or will be paying maintenance for
- how many nights a week the child spends with the paying parent
- if any other children live with the paying parent
It’s also worth noting that if the parent who has is on certain benefits, then the other parent will receive a maximum of £7 per week.
Eligible benefits include:
- Carer’s Allowance
- Employment and Support Allowance
- Income Support
- Jobseeker’s Allowance
- Pension Credit
- State Pension
- Universal Credit calculated on the basis that they have no income
What Do I Need To Know About Child Maintenance?
There are two options when paying/receiving child maintenance:
- Direct pay – payments go directly from the paying parent to the parent caring for the child
- Via the CMS – this is known as collect and pay, and means money is transferred via the CMS
If you’re intending to set up a direct payment, then you can make your own arrangements. This could be money paid directly into your bank account.
However, you can ask the CMS to set up a non-geographical bank account if you don’t want the payee to know where you live.
You might be required to go to court to arrange child maintenance – this will be necessary if the parent paying maintenance either:
- Lives outside the UK
- Earns more than £3,000 per week and you want to top up the maintenance you receive
You’ll also need to go to court to ask for more maintenance if you need to pay for extra costs such as your child’s education or costs associated with a disability.
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