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Child maintenance after divorce

 

There are a couple of options when it comes to sorting out child maintenance - you can work out a private agreement with the other parent of your child(ren) or you can ask the Child Support Agency (CSA) to calculate and/or collect child maintenance for you.

If your relationship hasn't completely disintegrated, a private agreement could be a sensible way forward - the research seems to suggest that couples who manage to sort out maintenance outside the CSA are happier. But if either of you is intimidated by the other, or if you row too much to sit down together to talk, this isn't a good way forward. And bear in mind that if the agreement breaks down, no-one has an immediate legal entitlement to what has been worked out.

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Going down the CSA route is free - at the moment. The government is looking into a proposal to charge parents a percentage of their maintenance towards its costs, a proposal that provoked much debate on the Mumsnet Talk boards. 

Using the CSA has various benefits, for example:

  • The non-resident parent doesn't have to know address details of the parent with care of the children
  • The parent with care doesn't have to have contact with the non-resident parent to get funds
  • The CSA can take action against the non-resident parent if they fail to pay, and will collect arrears

Sometimes parents go to court to ask for an order that covers child maintenance. But going down this route is expensive, and so it's usually only used if the former couple are going to court for other reasons, such as to divide their property or assets.

Going down the family agreement route also has benefits: 

  • It's quick and easy to set up, so payments can start being exchanged straight away.
  • If you can keep lawyers and the CSA out of it, it's a lot easier to keep things friendly. It can be a good way to rebuild trust for the future.
  • People tend to respect their own promises. When both parents agree things together, payments are more likely to be made in full and on time.
  • A family arrangement is totally private. No one else needs to get involved in your affairs.
  • It's flexible, because you can make special arrangements or change it at any time, quickly and easily. You can also be flexible about how, what and when payments should be made.
  • You can make an arrangement even if your ex-partner lives or moves abroad. You can't always do this with other arrangement options.
  • It's not legally binding. If it doesn't work out you can change things. Or Child Maintenance Options can talk to you about your other options, including asking the CSA to set up an arrangement.

 

How is child maintenance worked out?

Various issues are taken into account when working out the amount: 

  • How much net pay the non-resident parent has
  • Whether he is paying maintenance for other children
  • Whether or not the child stays with him for at least a night each week

You can see how much child maintenance might be in your case if you use the online child maintenance calculator at www.cmoptions.org.

What Mumsnetters have to say about getting child maintenance

  • "Things have changed for the better, but if a father is bent on not paying and can provide his own figures it still seems like it can be an uphill task to get any maintenance at all." Redfairy
  • "Don't underestimate how expensive it is to raise children - you will need every penny of child maintenance for them. If children are young it is better to have all finances in place on a formal setting, as you will have many years of needing maintenance for them and he may be willing to pay currently, but what about when circumstances change for either of you?" Joelybear
  • "I'm divorced and my husband and I have been apart for almost two years. At the beginning, when he was working, my solicitor told me that he should be paying 25% of his net monthly income. I think this figure is pretty standard." Shakennotstirred
  • "Trust me, from experience you should never EVER rely upon maintenance the ex gives you to live on. Cut your cloth according to whatever your own income is and, for budgeting purposes, do not include the maintenance. The reason for this is that becoming dependent upon his monthly contribution means he will retain a lot of power over you. Treat his maintenance as an extra bonus which pays for the nicer stuff." Niceguy2

 

Disclaimer: Any content in our family money section is intended as general information only. For specific advice about your personal financial situation, get advice from qualified, independent, regulated professionals.