The information below is relevant to parents who use the Child Maintenance Service (CMS) as opposed to parents who have made private arrangements to cover their child’s living costs.
Can’t afford to pay child maintenance?
If you are having problems paying or you are going to miss a payment it is vital that you contact the CMS immediately to discuss your circumstances. It is important that you are honest and co-operative in providing any evidence they require. The CMS will then be able to advise you whether you are eligible for an exemption or reduced payments if you genuinely can’t afford to pay.
There are laws about how much money the CMS can collect from you. You must be left with enough money to live on and to be able to pay priority debts first – things like mortgage repayments, rent, utility bills, taxes and court fines.
Tip: Find out about help available with the cost of living here including details of benefits and financial support you might be entitled to
Consequences of not paying
If the CMS has not granted you an exemption, you will normally be asked to pay the full amount you owe straight away. If you’re tempted not to pay, you need to weigh up the consequences, which can be severe. The CMS has the power to:
· Make deductions directly from your pay, pension or benefits
· Take money directly from your bank account · Get a court order for payments (called a liability order), which may enable the CMS to take further actions such as seizing your property
You’ll need to pay a fee if the CMS uses these actions.
Child maintenance payments are considered priority bills and it’s worth remembering that failure to make payments may be used against you in court.
If you make your payments in full and on time, you won’t go into arrears and your payments will be more manageable. You can view your payment plan in your online account and budget for it in your monthly outgoings. Tip: Try a free online budget planner to help you organise your finances
If your circumstances have changed
If your personal circumstances change, for example if you lose or change your job, you start living with someone new or you have another child, the first and most important thing you need to do is contact the CMS.
The CMS will look at your case and see if your child maintenance payments need to change because of your change in circumstances. You can also contact the CMS if you have new information about the other parent’s circumstances that you want taken into account.
How much child maintenance should I pay?
This depends on various factors including your income (including benefits), things that affect income (such as expenses and pension payments), how many children you are supporting and how many nights you share care for them. The CMS then applies a formula to calculate how much child maintenance you should pay.
You can get a rough idea of what your payments should be using the child maintenance calculator
Think you’re paying too much maintenance?
If you want to challenge the calculation, first contact the CMS and ask what figures they used and what information they took into account. Make notes on what is said on the call.
If you then decide to go ahead and challenge the decision you can ask for what is known as a “mandatory reconsideration” free of charge. If you’re unhappy with the outcome of the mandatory reconsideration, you can appeal to the Social Security and Child Support Tribunal within one month of getting the decision. It usually takes around six months for your appeal to be heard by the tribunal.
You can get a rough idea of what your payments should be using the child maintenance calculator.
Visit our Dad Info forum today to find free advice and guidance from our child maintenance experts.
Updated January 2024
