What If My Ex-Partner Refuses to Pay Child Maintenance?

An important part of supporting a child after a separation, child maintenance can help towards the costs of housing, clothing, education, and everyday expenses. It is important to know what your options are if your ex-partner is reluctant to pay it or fails to make the agreed payments.

Child maintenance is the ongoing financial support that the non-resident parent contributes towards their child’s upbringing. It is designed to help cover essential living expenses for children and applies to separated parents. A non-resident parent, even if they’re not actively involved in daily caregiving, has a legal duty to contribute financially. Parents can agree on a sum privately, through a “family-based arrangement,” or involve the Child Maintenance Service (CMS) if needed.

If you and your ex-partner cannot agree on a private family-based arrangement, you can apply through the Child Maintenance Service (CMS). The CMS offers two primary options for handling child maintenance:

• Direct Pay: CMS calculates the amount, but the parents manage the payments directly.
• Collect and Pay: CMS calculates and collects payments from the paying parent, then transfers them to the receiving parent.

Applications to the CMS involve a £20 application fee and can be completed online. Once your application is submitted, the CMS will assess your ex-partner’s income to determine the appropriate amount of child maintenance.

The CMS calculates child maintenance based on the paying parent’s gross income, which includes earnings, bonuses, pensions, and other income streams. The CMS formula is set on a sliding scale:

• 12% of weekly income for one child.
• 16% of weekly income for two children.
• 19% of weekly income for three or more children.

There are additional considerations that can impact these figures, such as shared care arrangements, additional children in the paying parent’s household, and income level. While CMS guidelines help establish a standard rate, it’s often recommended to consult a family law solicitor for assistance in calculating a fair arrangement based on your specific circumstances.

If your ex-partner is not paying child maintenance as agreed, the CMS has a range of enforcement measures. They are able to collect child maintenance via a “Deduction from Earnings Order,” allowing payments to be directly withdrawn from the paying parent’s wages. If the paying parent is self-employed or doesn’t have a regular income, the CMS may take other steps, such as deductions from their bank account or even their pension.

More serious measures may include legal action, asset seizure, or suspending the paying parent’s driving licence. In rare cases, non-payment may even result in a prison sentence.

If a family-based arrangement is no longer working due to non-payment, you can transition to a formal CMS arrangement. For cases where a CMS arrangement already exists but the other parent has stopped paying, it’s essential to contact CMS as soon as possible. A family law solicitor will be able to advise you on how to secure payments.

There are certain circumstances in which the CMS does not have jurisdiction in respect of payment of child maintenance and these include where one party lives overseas, if the child has a disability or requires additional educational costs such as school fees, and where a maximum assessment has been made by the CMS and a ‘top up’ Order may be required.  In these circumstances, it will be necessary to refer the matter to court, if the amount of child maintenance cannot be agreed.

Child maintenance is a legal responsibility and there are consequences for not paying it. Ensuring that your ex-partner fulfils their obligation may seem daunting, but the legal system is equipped with various tools to help enforce payments and secure your child’s financial stability. If you are struggling to get child maintenance from your ex-partner, seeking guidance from a family law solicitor can provide support and help ensure your child’s needs are met effectively.

As leading family lawyers in Milton Keynes, we can advise you about child arrangements and child maintenance following separation. In addition to our head office in Milton Keynes, we also have solicitors in Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.