Can I Claim Child Maintenance?

by | Last updated on January 24, 2024

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You won't need to pay tax on any child maintenance you get

. If you're a taxpayer you won't get any tax relief on the child maintenance payments you make.

How far back can I claim child maintenance UK?


There is currently no time limit for how far back CSA can claim arrears from

. So, even if you've not heard about your payments for many years, you may still receive a call or letter about it in future.

How do I claim maintenance in South Africa?


Go to the relevant court and complete and submit J101, Form A: Application for a maintenance order (Afrikaans)

. In addition to the completed form, submit proof of your monthly income and expenses, such as receipts for food purchases, electricity and/or rent bill payments.

How much is maintenance for a child in South Africa?

Final child maintenance amount:

The Paying parent would pay two thirds of the child's expenses which equates to

R 666 – 00 per month

. And the custodian parent would thus cover the balance of R 334 – 00 per month.

Do I still pay child maintenance if my ex remarries?

The answer is no.

When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”)

.

Who can get child maintenance?

Child maintenance is money to help pay for your child's living costs. It's paid by

the parent who doesn't usually live with the child to the person who has most day-to-day care of the child

. It's also called ‘child support'. A child means someone who's under 16, or under 20 if they're in approved education or training.

Can I claim maintenance from my father?


A parent of an adopted child can claim maintenance from the other adoptive parent

. A major child (over 18 years) can claim maintenance directly from his/her parent(s), without the assistance of a parent.

Can I pay child support directly to my child?


If parents reach an agreement over child support, and there is no Child Maintenance Service or court involvement, then it is possible to agree to pay the child maintenance direct to the child

.

Can a father refuse to pay maintenance?


A parent may not withhold payment of maintenance if he or she is not allowed by the other parent to exercise his/her right of access to a child

. The flip side of the coin is that a parent may not refuse the other parent access to a child when the latter does not contribute towards the maintenance of that child.

What happens if father doesn't pay child support?


A liability order allows the CMS to take legal action against the paying parent to recover the debt

. They could: Negotiate payment using bailiffs, or ask them to seize and sell the paying parent's belongings. Use an ‘order for sale' to sell the paying parent's assets or property and take the proceeds.

How much child maintenance should a father pay?

On the basic rate, if you're paying for:

one child, you'll pay 12% of your gross weekly income

. two children, you'll pay 16% of your gross weekly income. three or more children, you'll pay 19% of your gross weekly income.

Do I have to pay child maintenance if it's 50 50 custody?


If you have shared care for at least 52 nights a year, you don't need to pay any child maintenance

.

What does child maintenance include?

Child maintenance covers the cost of the everyday care of the child, such as

food, clothes, and housing

. Expenses such as school fees do not fall under child maintenance – parents who are getting a divorce can make a “Family Based Arrangement” to deal with costs like this.

What happens if maintenance is not paid?

In case the amount is not paid,

orders of arrest and imprisonment may be passed against the respondent on that date

. It noted that the man has been directed by the trial court and the decision upheld by the top court and the high court to pay money to his wife under two heads which include monthly maintenance of Rs.

Can child maintenance be backdated?

All in all,

child maintenance can be backdated for a long period

, but there's no definitive answer as to how long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.

Do I still have to pay child maintenance if I don't see my child?


If you're the child's parent, you have to pay maintenance even if you don't see them

. Paying maintenance doesn't mean you have a right to see the child. If you'd like to see them, you should first try to agree with the person who's looking after them.

Does marriage affect child maintenance?

Whether or not you have remarried, or your ex-partner has remarried,

does not affect the obligation to continue paying child maintenance

.

Can you go to jail for not paying child support?

A CSA spokeswoman said: “

It is highly unusual for anyone to be sent to prison for the non-payment of child maintenance

. Magistrates must be satisfied that a parent has wilfully refused or culpably neglected to meet their financial responsibilities.”

How much is child maintenance in the UK?

Gross weekly income Rate Weekly amount Unknown or not provided Default £38 for 1 child, £51 for 2 children, £61 for 3 or more children Below £7 Nil £0 £7 to £100, or if the paying parent gets benefits Flat £7 £100.01 to £199.99 Reduced Calculated using a formula

What is the law on child maintenance UK?

Paying child maintenance is a legal responsibility, although one separate from parental responsibility. Child maintenance must be paid for any child:

under the age of 16

.

under the age of 20 if in full-time non-advanced education (e.g. A-levels or equivalent)

Can I get child maintenance if the father is not on the birth certificate?

If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes

no obligation to paying child support

and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.

Can a working wife claim maintenance?

With the passage of time, the ‘home maker' status of women in India has undergone considerable changes. A woman is no more tagged as just a housewife. Infact, she has successfully established herself as a working woman.

Can a mother deny a father access?

Unfortunately,

it is quite common for mothers to stop a father's access to a child merely by refusing to let them see them

. However, fathers do not often recognise that they have the same rights as mothers. This means in terms of child contact that they are entitled to have access to the child as much as the mother is.

What rights does a father have if he is on the birth certificate UK?

When named on the birth certificate, the father acquires rights in respect of the child. These rights are known as

parental responsibility

. If the father's name is missing from the birth certificate, the father will not automatically acquire parental responsibility.

Do I have to declare child maintenance to universal credit?

Will child maintenance payments affect Universal Credit?

No, this isn't changing

. Any child maintenance payments you receive will not affect the amount of Universal Credit you are entitled to.

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.