My child maintenance payments have stopped - what can i do?

We understand that, as a parent, your child’s well-being is your top priority. Ensuring they receive the financial support they need is an important part of that. If your child’s maintenance payments suddenly stop, this could create significant worry, as well as increased financial strain. Fortunately, there are several ways you can address the situation and restore your peace of mind. In this blog, we discuss different types of child maintenance arrangements and common issues that can lead to non-payment. We also outline helpful steps to secure payments and ensure your children’s needs are met.

What is child maintenance?

All parents have financial responsibility for supporting their child and ‘child maintenance’ is the name for the ongoing payments to support a child financially. They cover your child’s living costs and are commonly paid by the parent who does not live with the child.

Child maintenance must be agreed when you have separated or divorced, or if you’ve never been in a relationship with your child’s other parent. It’s paid until your child is 16 years old, or up to the age of 20 if they’re in full-time non-advanced education (A levels or equivalent).

There are three ways child maintenance can be arranged and they each have different methods of enforcement. They include:

1. The Child Maintenance Service (CMS)

The CMS is a UK government agency that ensures that non-resident parents (the parent who does not live with the child) contribute financially to their child’s upbringing.

You can apply to the CMS online or by phone and must provide details about both parents and all children to set up a case.

The CMS will:

• liaise with the other parent on your behalf, which is particularly helpful if you may be at risk of post–separation abuse or financial control
• calculate the maintenance due based on the paying parent’s income, the number of children requiring support, and the number of nights the child stays with each parent, using one of five child maintenance rates. For more information on rates visit the gov.uk website
• collect payments directly from the paying parent’s wages or bank account, ensuring regular and reliable maintenance payments
• take enforcement action to recover unpaid debt
• not consider wages earned above £156,000 in their calculations

Do be aware that if the paying parent’s income exceeds the CMS £156,000 threshold, the court may have jurisdiction in ordering ‘top-up orders’ for maintenance. For further information, seek specialist advice from a family law solicitor.

2. Private Child Maintenance Arrangements

If you have a good relationship with your child’s other parent, a private arrangement, made without the assistance of the CMS, can be a more flexible solution.

You should agree:

• a regular amount to be paid, which may be higher than the amount determined by the CMS
• when and how payments will be made
• when arrangements will be reviewed
• if you will share one-off costs such as school trips

There is a variety of online resources to help on the gov.uk website if you’re considering a private child maintenance arrangement some of these resources may be helpful:

• a guide to conversations about child maintenance
• a guide to working out the costs of raising children
• an online child maintenance calculator
• a guide to recording your private child maintenance agreement

Citizens Advice also provides helpful online leaflets on how to choose the right child maintenance arrangement and making a private child maintenance arrangement.

A family law solicitor can also help you to plan. Through mediation services they may also facilitate constructive discussions between you and your partner about your financial contributions.

Unlike CMS arrangements, private arrangements are not legally binding. Unpaid maintenance payments cannot be enforced or collected. If you’re weighing up the pros and cons of a private arrangement, it’s vital to think about how reliable the other parent is likely to be with payments.

3. Consent Orders

If you’re going through a divorce or dissolution of a civil partnership, your child maintenance arrangements can be determined amongst other financial considerations in a Consent Order. This is a type of written agreement that can be made legally binding through the courts and can override the jurisdiction of the CMS.

It’s worth noting that, for child maintenance, a Consent Order is legally binding for twelve months. Thereafter, the CMS has jurisdiction and either party may apply for an assessment. Find out more about Consent Orders here.

Common Issues Leading to Non-payment of Child Maintenance

No matter what type of arrangements you have in place, disagreements can arise from time to time. They commonly relate to changes in circumstances. This includes changes to shared care, a parent’s job status or financial income, and even short-term holiday plans.

What Should Happen Over School Holidays?

The pattern of where children stay can often change during the holidays. The maintenance calculation should deduct from the weekly payment an amount based on the average number of nights a child stays in the other parent’s home. If a child will be spending significantly more time with the parent they do not usually live with, this should be notified as a change and the figures recalculated. Think carefully about challenging minor changes in arrangements as, occasionally, there may be a need for reciprocal flexibility.

To avoid disputes, keep the other parent and the CMS informed of any changes that will significantly affect the calculation. The Department of Work and Pensions provides a useful online factsheet about how living arrangements can affect child maintenance payments.

Misconceptions

There are some common myths that can cause parents to stop their child maintenance payments prematurely. They are all untrue and include:

• If a paying parent is unable to have contact with the child
• If another person helps to support the child financially
• If a child has an extended stay with a parent during holidays
• If a parent enters a new, financially supportive relationship
• If the parent receiving maintenance earns more than the paying parent

Legitimate Reasons for Stopping Child Maintenance Payments

The legal requirement to pay child maintenance only stops when:

• a child is aged 16 or 20 (the latter if they have remained in full-time education or training)
• a child is adopted
• either parent dies
• both parents care equally for the child
• either the child or paying parent relocates overseas

If your Child has a Disability

Schedule 1 of the Children Act 1989 gives the court limited powers to order parents to pay regular payments or a lump sum for a child beyond the usual “qualifying child” parameters. A number of circumstances may justify a claim. For example, if one parent is likely to be the principal carer for a disabled child for the rest of their life.

As applications can be complex, early advice from a family law solicitor is highly recommended. It’s commonplace for a parent to act on their child’s behalf in these cases and full financial disclosure will be required from both parents. Take note that if an application is unsuccessful, a costs order can be made against the applicant.

Steps to Take if Payments Stop

If the other parent stops paying child maintenance, you can take steps to address the issue:

1. Review the maintenance agreement to determine if it’s legally binding.

If your agreement was a private arrangement, it is not legally binding. Arrangements made through the CMS or where a current Consent Order is in place both are. A family law solicitor will be able to advise you on the best next steps.

2. If your arrangement is made through the CMS, notify them of the missed payment.

They will take steps to enforce the agreement and may collect payments from a person’s salary or their bank account. If multiple payments are missed, they may use the courts for enforcement which will incur additional fees for the parent who has stopped paying and could affect their credit rating.

The CMS may also apply for a ‘Liability Order’ if there’s a large amount of unpaid debt. This allows legal services to:

• seize belongings
• send a non-paying parent to prison
• place charges on property or assets, to prevent resale until debts are repaid
• force the sale of valuable assets or property to pay debts owed

You do have the option to use the CMS’s Collect and Pay Service. CMS will handle the collection and distribution of payments, ensuring you always receive what is owed.

3. If the CMS is not involved and if it is appropriate, discuss the issue with the other parent.

Try to understand the reasons for missed payments and seek an amicable resolution.

4. Document your concerns in writing, which can also serve as evidence if further action is needed.

5. Contact a family law solicitor for specialist legal advice if you have a legally-binding child maintenance agreement.

They will offer advice specific to you and guide you through the legal process to recover the debt.

6. Keep thorough records as they are essential for resolving child maintenance disputes.

Whether you’re dealing with the CMS or taking legal action, record missed payments and keep copies of all relevant communications.

What happens to child maintenance if the paying parent or child moves abroad?

If a child is internationally relocated, the CMS no longer has jurisdiction to order parents to pay child maintenance. The same goes for both parents, if one or both relocate overseas. However, the CMS still has jurisdiction if the parent working abroad is contracted to:

• the armed forces
• the UK government
• a secondment for certain organisations such as a local authority
• a UK-based company

In all other cases, to arrange and secure child maintenance payments, you should apply to the Family Court in England and Wales for a Court Order. The order will determine what maintenance payments your child should receive. A UK-based specialist family law solicitor can advise and support you through the process.

If payments stop, to enforce the order you must apply to the courts in the country where the other parent lives. There is a reciprocal agreement called a Reciprocal Enforcement of Maintenance Order (REMO) between England and Wales and over 100 other countries. This means that an order made in England and Wales can be enforced in those countries with the reciprocal agreement.

Conclusion

Resolving and recovering missed child maintenance payments can be challenging, so it’s vitally important to understand the type of agreement you have. The CMS is there to help and, with the assistance of a family law solicitor, legally-binding agreements can be enforced through the courts.

At K J Smith Solicitors, we specialise in family law and understand the need for a family’s financial stability. Whether you’re navigating a separation, addressing child custody, or handling any other family-related legal matter, our experienced team is on hand to provide sound advice. Find out how we can assist you by arranging a FREE family law consultation with us.