In the UK, both parents are legally responsible for the living costs of their children, even when one parent has moved out of the family home. The non-resident parent pays the parent with care at a rate agreed between them or calculated by the Child Maintenance Service (CMS). So what is and isn’t included in child maintenance? Let’s dive right in.
In the UK, both parents are legally responsible for the living costs of their children, even when one parent has moved out of the family home. The non-resident parent pays the parent with care at a rate agreed between them or calculated by the Child Maintenance Service (CMS). So what is and isn’t included in child maintenance? Let’s dive right in.
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Who does child maintenance cover?
Child maintenance covers the following circumstances:
- Children under the age of 16
- Children under the age of 20 who are in full-time education up to A level or equivalent
- Children under 20 and residing with a parent who receives child benefit for them
What does child maintenance cover?
Child maintenance payments are designed to cover the child’s everyday needs. This includes:
- Food
- Clothing expenses
- Housing
Once child maintenance has been paid to the parent with care, they can spend the money as they think appropriate. In most cases, the payment is swallowed into the family pot rather than paying for things solely for the child in question. It tends to be this real-life scenario that incenses paying parents who often feel that such payments should be used for the exclusive benefit of the child. This is simply not practical; however, it can cause notable friction between a separated couple.
What does child maintenance not cover?
There are some things that a basic CMS child maintenance calculation does not cover. These include:
- School fees, however, a family-based arrangement can be created to cover this scenario. A family-based agreement is where parents reach an understanding without involving the court or CMS. They are increasing in popularity because they provide a divorced or separated couple with more flexibility. However, because they are not legally binding, they offer less protection and often require parents to be on amicable terms to make them work.
- School trips/extras are considered outside the scope of a child’s everyday needs because they are deemed optional.
- Hobbies are optional and are likely to fall outside the scope of what child maintenance covers. This is because child maintenance is focussed on ensuring the child’s essential needs are met, so additional expenses such as hobbies are usually the responsibility of the parent who wishes to facilitate those activities.
If both parents agree to contribute to a child’s hobbies or other activities, they may need to make a separate arrangement for funding those expenses which are beyond the scope of child maintenance. In relation to other activities or coaching, a court will look at the child’s individual needs and the family’s standard of living before making a decision on any additional allowance.
- Birthday and other gifts fall outside the scope of child maintenance, as they are considered optional. While parents may decide to give gifts to their children, these are generally considered to be separate from child maintenance obligations.
Can I ask for more money than the CMS says I should receive?
Either parent can apply to the CMS for a variation at any time, but it will only be accepted on certain grounds. A receiving parent can apply for a variation if they believe the paying parent has other taxable income that wasn’t taken into account in the initial maintenance calculation. This additional income includes:
- Unearned income, such as rent that the paying parent receives from land or dividends/interest from savings and investments of at least £2,500 per year (at the time of writing)
- Earned income, this applies when the paying parent or their partner is in receipt of benefits and qualifies for flat rate child maintenance, but also has gross income from a pension, employment, or self-employment of at least £100 per week (at the time of writing)
- Diversion of income, such as when the paying parent hides their full income, so not all of it is included in the CMS calculation
- If the paying parent has assets over £31,250 (at the time of writing). This is called an asset variation and includes money whether in cash or deposited in an account, gold, silver, or platinum bullion bars/coins, any virtual money such as bitcoin, stocks/equities, shares and unit trusts, gilt edged securities, land rights, and property.
When can you apply to the court for financial support of children?
In most cases, it is not possible to apply to the court for financial support of children. Instead, as detailed above, child maintenance should be agreed between the couple or by application to the CMS. The court does not have the power to make or vary child maintenance orders when the CMS should be used.
That said, in limited circumstances, an application to the court may be necessary either as part of financial proceedings during divorce or by using Schedule 1 of the Children Act 1989. These situations include the following:
- The court can make a top-up order when the CMS calculation shows that the paying parent’s gross income exceeds £156,000 per year (at the time of writing) from all sources. This is because the CMS cannot take any income over that sum into account when making its calculation.
- The court can make a freestanding or top-up order when the child has expenses arising from a disability. This is decided by the court on a case-by-case basis where it considers additional expenses, such as the costs of employing a carer or an adapted home
- The court can make an order regarding contributions to school fees, although the parent will need to demonstrate that the child is currently being educated privately or that there was an agreement that the child would be educated that way before separating. This can also include boarding fees and additional expenses provided they arise in connection with the child’s education. The court looks at each case individually and makes a decision based on its unique facts.
- The court may make an order if one or both of the parties live outside the UK. However, even if the court does make this order, it may not be capable of being enforced in an overseas jurisdiction. This will depend on factors, such as the presence of a reciprocal agreement.
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