Child Maintenance

September 20th 2024

Child maintenance covers how a child’s living costs will be paid by the parent who does not live with the child. The state has primary jurisdiction for assessing and enforcing child maintenance and the Court’s powers are limited in this regard. 

If your child is not living with you, then there is a child maintenance obligation.  A child maintenance calculation can be carried out using the Child Maintenance calculator

You can agree child maintenance with the other parent or either parent may apply to the Child Maintenance Service for a figure. It is also possible for the Child Maintenance Service to receive the maintenance and pass it to the receiving parent. This does, however, incur costs.

Can the Court deal with Child Maintenance?

The Family Court has limited jurisdiction to make orders for child maintenance. Examples where the Court may get involved include: 

  • When the Child Maintenance Service does not have jurisdiction, for example where one parent lives outside of England and Wales. 
  • When parents going through a Divorce/Dissolution agree child maintenance and would like it recorded in a Court Order. This will normally only be enforceable for 12 months. 
  • The Order relates to:
    • educational expenses;
    • costs attributable to a disability;
    • top-up orders which require the non-resident parent to make periodical payments over and above the child maintenance calculation; or
    • orders against a person with care.

If you feel you need advice on child maintenance, please get in touch via my contact page or contact me, Sigourney Lee-Smith directly on 01295 204009 or slee-smith@se-solicitors.co.uk.