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.
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.
Can child maintenance be paid directly to the child?
Who do you have to pay child maintenance to? Child maintenance is normally paid to the parent who has primary care of the child.
It isn't paid to the child direct
.
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”)
.
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
.
What happens if the 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.
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.
Do fathers 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.
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
.
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.
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.
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 I go after my ex husband's new wife for child support UK?
There are no grounds for reducing child maintenance on the basis that your ex-wife is living with a new partner
. Your obligation to pay child maintenance continues regardless of your ex-wife's circumstances.
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.
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.
How old does a baby have to be to stay overnight with Father UK?
The welfare of the child is always the court's top priority, so those under 18 months old are considered suitable to visit their father (or noncustodial parent) for a few hours at a time, but due to their need for routine and familiarity,
overnight stays are generally not recommended
.
Does child maintenance cover swimming lessons?
As well as the bare necessities,
child maintenance can cover
; childcare. activities like swimming lessons.
Can a woman stop a father from seeing his child?
Key Points.
Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare
. Until a court order is arranged, one parent may attempt to prevent a relationship with the other.
How does child support work if the mother has no job?
If the mother who isn't working is the non-custodial parent, the same general rule applies —
if the courts determine that income and assets of the mother are sufficient to meet the increase request, and the increase would benefit the child, they may approve the change in support.
Can you go to jail for not paying child support UK?
If you still refuse to pay the child maintenance owed, the CMS can request the courts to: take away your driving licence or UK passport.
send you to prison for up to six weeks
.
Can you go to jail for not paying maintenance?
If maintenance isn't paid,
the court can take the money from the maintenance payer's salary, their investment account, auction their property or issue a warrant of arrest
.
What should my child maintenance cover?
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.
We call it ‘shared care' if a child stays overnight with the paying parent+. If shared care happens for an average of one night a week or more (
at least 52 nights a year
), this can affect child maintenance payments.
