Child Maintenance Explained

Child maintenance is financial support towards a child’s everyday costs of living. The amount of child maintenance can be agreed by a private family-based arrangement between the parents or decided by using the statutory maintenance arrangements.

In 2008, the Child Maintenance and Enforcement Commission (CMEC) – a statutory non-departmental public body – was established to take over the work of the Child Support Agency in administering the child maintenance scheme. In 2012, the CMEC was closed and the responsibility was transferred to the Department of Work and Pensions (DWP). The DWP funds the Child Maintenance Options Service which provides information and support to parents about child maintenance. Couples wishing to make their own agreement can use the 'family-based arrangement form' available from the Child Maintenance Options website and can also find a child maintenance calculator on its website (http://www.cmoptions.org/en/calculator/calculator.asp ).

There have also been changes to the child maintenance rules following the Child Maintenance and Other Payments Act 2008 (CMOPA). The CMOPA removed the obligation for existing CSA clients claiming benefits to continue to use the Agency was removed. Unsurprisingly, statistics based on the first quarterly figures since this change was made show that the number of new cases being brought to the CSA has declined. All parents can now choose the child maintenance arrangements that best suit their individual circumstances. Since April 2010, all child maintenance has been fully disregarded when calculating out-of-work benefits.

The CMOPA has also introduced new enforcement powers to ensure that parents meet their child maintenance responsibilities. These include allowing the authorities to seize the passport and/or driving licence of parents who fail to pay, without the need to involve the courts as is currently the case. DWP can also seize money from bank accounts, where a parent has failed in their financial obligations toward their child. DWP will also be able to apply for a curfew or to recover money from a dead person’s estate.

In December 2011, a new child maintenance scheme was proposed, claimed to be fairer and faster than the current system. It includes annual reviews of maintenance assessment, an increase in the ‘flat rate’ child maintenance deduction from state benefits and the removal of the necessity for parents who share child care equally to pay maintenance through the statutory scheme. It is expected that any changes will be introduced in 2013.