Navigating child maintenance can be challenging, especially during what is often an already stressful time for families. At Lanarkshire Law Practice, we provide clear, practical advice to help parents across Lanarkshire understand their rights and responsibilities when it comes to financially supporting their children.
What is Child Maintenance?
Child maintenance is the financial support paid by one parent to another to help cover a child’s everyday living costs. This typically includes expenses such as food, clothing, housing, and other essential needs. In Scotland, both parents remain legally responsible for supporting their children, regardless of their relationship status.
Who Pays Child Maintenance?
Usually, the parent who does not have the main day-to-day care of the child (often referred to as the ‘non-resident parent’) is required to make payments to the parent with primary care. However, arrangements can vary depending on shared care agreements and individual circumstances.
How is Child Maintenance Calculated?
Child maintenance in Scotland is most commonly calculated through the Child Maintenance Service (CMS). The amount payable is based on several factors, including:
- The paying parent’s gross income
- The number of children requiring support
- The amount of time the child spends with each parent
- Any other children the paying parent supports
How Can I Arrange Child Maintenance?
Parents can choose between:
Private Agreements
Private or ‘family-based’ agreements are an informal agreement between parents about how much maintenance will be paid and how often. This is a great option if everyone can agree.
Private agreements should:
- Be written down so you have a record in case you need it
- Have a review date set to make sure the agreement is still working for everyone
If you want to make your private agreement legally binding, you can ask a solicitor to draw up your agreement. This means it can be enforced in the same way as a court order.
Many families prefer to reach a private agreement that better reflects their unique situation. However, there are options when an agreement can’t be met.
Child Maintenance Service
If a private agreement can’t be met, then you may need to use the Child Maintenance Service. They can help by:
- Working out an amount to pay
- Arranging payments
- Taking action if a parent does not pay
- Sorting out disagreements about parentage
- Trying to find the other parent if you do not know where they are
What Happens If Payments Aren't made?
If child maintenance payments aren’t made, the CMS has enforcement powers to:
- Deduct payments directly from wages
- Take funds from bank accounts
- Take legal action through the courts
If you are experiencing difficulties receiving or making payments, it is important to seek legal advice.
Can Child Maintenance Be Changed?
Yes, child maintenance arrangements can be reviewed and adjusted if circumstances change. This may include changes in income, employment status, or living arrangements. Regular reviews ensure that the level of support remains fair and appropriate.
Speak To A Child Law Solicitor
If you need advice on child maintenance in Scotland, our friendly and approachable team is here to help. Contact Lanarkshire Law Practice today to arrange a confidential consultation and take the first step towards clarity and peace of mind.
Child Maintenance FAQs
Child maintenance is usually payable until a child turns 16. However, it can continue up to age 20 if the child remains in approved full time education or training such as school, college or university.
A private agreement can be arranged as quickly as both parents are able to agree. If you apply through the CMS, the process typically takes several weeks, depending on how straightforward the case is.
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