Child maintenance is paid by one parent to the parent with whom the children lives for more than 50% of the time. The payments are designed to financially support the parent with whom the children lives to ensure equal financial contributions are made by each parent towards the children's essential living costs.
There are various ways to come to an arrangement for child maintenance. Some parents decide between themselves what maintenance is payable and when this is payable. This is, of course, not always possible. Some parents have no idea what would be considered a fair contribution and others simply cannot reach an agreement.
The state-run Child Maintenance Service has been created to assess and enforce child maintenance payments in most cases save where a parent has considerable income. Maintenance is assessed by the CMA based on the non-residential parent's income and the number of nights the child lives with him or her.
If the payer's income decreases significantly and you cannot therefore maintain the payments due under the terms of an assessment or agreement, you should initially speak to the receiving parent and see whether you are able to agree a reduction in child maintenance. If you are not able to do so they will need to contact the CMS to seek a variation.
The Child Maintenance Service are aware that many peoples income has been or will be affected by COVID-19. As a result, if your income has changed by 25%, your child maintenance payments will likely be affected. You should report any changes to your income to CMS directly and they will be able to advise you on the process and carry out an emergency reassessment if necessary.
If you would like to seek further advice regarding child maintenance payments, or advice on any other family law issues please contact our dedicated Client Relations Team on 01603 693500 or email us using the 'Make an enquiry' form on our website.
At Clapham & Collinge we have a dedicated team of experts who are able to provide you with all of the necessary information, support and legal advice on family law. Click here for more information on the family law services we offer.
*This article is provided for general information purposes only and does not constitute legal advice or other professional advice.
