How Do I Claim Child Maintenance?

You can only apply to the CMS if all the following rules apply to your family:

you're all ‘habitually resident' in the UK

.

the child is under 16 or under 20 and in approved education

– they're called a ‘qualifying child' no one else already gets maintenance for the child through the CMS.

How do I apply for child maintenance in South Africa?

Steps to follow to apply for Maintenance

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.

Do I have to pay child maintenance if it's 50/50 Custody UK?

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

.

Does child maintenance include clothes?

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.

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.

How much child maintenance should a father pay South Africa?

In our law

there is no set amount that a parent should pay for maintenance in respect of their child

, and each case is decided based on the situation of the specific family. The generally accepted principle is that each parent is obliged to maintain his/her child, pro rata in accordance with his/her means.

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.

How long does it take to process child maintenance?

You will usually get a response from CMS about your application for Child Maintenance

within six weeks

. However, it can take up to 26 weeks if there is a problem with contacting the paying parent.

Do mothers have more rights than fathers UK?

The short answer to your question is yes,

fathers do have the same parental rights as mothers

. However, you should know that in the UK, whereas a mum automatically obtains parental responsibility as soon as her child is born, the situation is a bit more complicated for the dad.

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”)

.

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 have to pay more than child maintenance?

Yes, you are not obliged to pay anything more than your child maintenance sum

. I would however encourage you to consider any requests on a case by case basis. Ultimately the money is to pay for your child and so you may want to pay a little extra on one-off occasions so that your child doesn't go without.

Does a father legally have to pay child maintenance?

Arranging child maintenance

When possible, you should make sure your child is looked after by having an effective maintenance arrangement in place.

Both parents are legally responsible for the financial costs of bringing up their children

, even parents who don't live with their children.

Does child maintenance cover swimming lessons?

As well as the bare necessities,

child maintenance can cover

; childcare. activities like swimming lessons.

Can child maintenance be reduced?

If payments are reduced or stopped (unless agreed between you), you will be in breach of the court order

. If you genuinely can't meet payments because your income has fallen, you can ask the court to reduce the amount of child maintenance you need to pay.

Can you claim tax credits if you get child maintenance?

Receiving parent on benefits

If you are a receiving parent and get any social security benefits, you will be able to keep all child maintenance paid as it does not affect any of the benefits you claim.

It will also not affect any housing benefit or tax credits awards you receive

.

Do I have to pay child maintenance if I'm 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.

What happens when child maintenance is not paid?

Under a child maintenance arrangement, child maintenance is usually paid by the parent who does not have day-to-day care of the child or does not usually live with the child. If this payment is not forthcoming,

the receiving parent could launch a civil legal claim

.

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.

What documents are required for maintenance court?

Proof of your monthly income and expenses; Three months' latest bank statements and payslips; The full name and proof of the physical and/or work address of the person responsible for paying the maintenance amount; and. If you were married, and are now divorced, a copy of the divorce order.

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 you go to jail for not paying maintenance?

According to the Act, parents who do not pay child maintenance can be blacklisted at credit bureaus;

face jail time for a period not longer than three years

; face imprisonment with the option of paying a fine; have interest added to their arrears; and even have their property or salary attached.

What happens to child maintenance if father dies?

192) (“MPPO”),

any order made for periodical child maintenance payments (i.e. periodical payments, secured periodical payments, lump sum payments) will cease to have effect upon the death of the payor

, with the exception of any arrears due under the order on the date of his/her death.

How much is child maintenance in the UK?

Can child maintenance take money from your bank account?

The CSA can take the money from the parent's bank account, wages or benefits

. If your child's other parent doesn't respond to the CSA's attempts to contact them or doesn't pay the arrears, the CSA may apply to the court for a liability order.

Is child maintenance paid weekly or monthly?

Even though

child maintenance may be paid monthly, fortnightly or weekly

, child support law says we have to work it out as a weekly amount. Before the Annual Review happens, the amount of child maintenance could change if either a paying parent or a receiving parent tells us about a change of circumstances.