Child Maintenance – What You Need to Know

Child maintenance is a type of financial support available to parents who have separated. Here is everything you need to know about child maintenance in the UK.

What is child maintenance?

Child maintenance is a financial agreement that sets out how a child’s living costs will be paid when the parents are separated or do not live together. This arrangement can be reached either privately when parents agree on payment terms, or through the Child Maintenance Service (CMS) if there is a dispute.

The CMS will establish if a parent is required to pay anything to the other, how much that payment will be and when the payments must be made. They may also assist with establishing the parentage of a child if this is disputed.

This child maintenance arrangement is separate from arrangements of how often a child is seen, or which parent/guardian will look after a child at which time. These arrangements may also require legal advice from a family law expert.

Does child maintenance cover childcare costs?

Yes, child maintenance can cover childcare costs, such as nursery, daycare or babysitting costs. These are considered everyday living expenses, like food, clothes, housing etc., and so can be expected to at least be discussed to be part of a child maintenance agreement.

Can child maintenance be backdated?

Yes, child maintenance payments can be backdated. If a child maintenance agreement was made through the courts or CMS, then payments can be backdated. Situations where parents agreed privately without a formal order will be difficult to backdate for.

Is child maintenance taxable?

Child maintenance payments are not taxable, and do not affect any other benefits received, such as Universal Credit.

When does child maintenance stop?

The standard date for child maintenance to end is 31st August after the child’s 16th birthday, when they would traditionally leave education. However, if the child continues in uncertain types of education, then the maintenance payments may continue until a maximum age of 20. The payer of child maintenance is liable to tell the HMRC Child Benefit Service when the child has left education.

DFA Law has expert family lawyers on staff that can help you challenge child maintenance arrangements, make financial arrangements after divorce and resolve many other family law issues favourably. Find out more about our Family Law at DFA Law.