What is child maintenance?
Child maintenance (sometimes called 'child support') is financial support that helps with a child's living costs. All parents have a duty to support their children financially and pay towards their upbringing, irrespective of whether they have parental responsibility.
This financial duty exists when a child's parents don't live together. Child maintenance is paid by the parent who doesn't have the main day-to-day care (ie the paying parent) to the parent who does (ie the receiving parent). This applies even if the child lives with both parents some of the time (ie you have shared care).
Child maintenance is paid by the parent who doesn't live with the child (ie the paying parent) to the parent who has the main day-to-day care of the child (ie the receiving parent).
These payments are a legal responsibility and cover things like food, clothes, and housing. They're usually paid until a child is 16, or 20 if they're in full-time, non-advanced education (eg up to Scottish Highers, A-Levels, or equivalent, but not university).
How can you arrange child maintenance?
You've got two main options for arranging child maintenance in Scotland. The child maintenance system itself is handled by the UK-wide Child Maintenance Service (CMS), but the surrounding family law is specific to Scotland.
Family-based arrangements
This is a private arrangement that you make between yourselves. This is the best option if you can agree, as it’s flexible, free, and you control the terms.
To make a good family-based arrangement, you should agree on:
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how much will be paid
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how often it will be paid (eg weekly or monthly)
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what it's meant to cover
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a date to review the arrangement (eg once a year, or if your circumstances change)
It's a good idea to use the government's child maintenance calculator to get a fair starting point.
A family-based arrangement isn't usually legally binding. This means that if the paying parent stops making payments, you cannot use the CMS to enforce them. You would either have to apply to the CMS for a formal calculation or take court action.
You can, however, make your arrangement legally binding if you get a lawyer to draft it as a formal minute of agreement and have it registered in the Books of Council and Session. This allows it to be enforced like a court order.
Using the Child Maintenance Service
If you can't make a family-based arrangement work, you can apply to the CMS. You can apply to the CMS at any time, even if you had a private arrangement before. The CMS can:
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calculate the amount of maintenance to be paid
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collect payments from the paying parent and pass them to the receiving parent
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take enforcement action if payments are missed
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help sort out disagreements about parentage
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try to find the other parent if you don't know where they are
How does the CMS calculate maintenance?
The CMS calculates a weekly maintenance amount based on the paying parent's gross weekly income (before tax and National Insurance), which it obtains from HMRC.
The CMS calculation involves a few steps:
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they find out the paying parent's gross weekly income
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they check for things that could change this income, like any pension payments they make
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they apply a calculation rate based on the income level
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they factor in the number of children the parent needs to pay for
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they make a deduction for the number of nights the child regularly stays overnight with the paying parent
What happens if one parent lives abroad?
This can make things more complicated, but you still have options.
You can still try to make a family-based arrangement if you both agree. However, a private arrangement made in the UK typically cannot be enforced if the paying parent lives abroad and stops making payments.
If you can't agree, you will need to seek a formal, legal arrangement.
For more information, see the Scottish government’s guidance on child maintenance if one parent lives abroad.
What if the paying parent doesn't pay?
This depends on your arrangement.
If you have a family-based arrangement that isn't legally binding, you can't force the other parent to pay. Your main option is to apply to the CMS to open a formal case.
If you have a legally binding minute of agreement, you can take court action to enforce it.
If you have a CMS arrangement and the paying parent misses a payment, you must report it to the CMS. They have strong legal powers to collect the unpaid maintenance. They can:
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take the money directly from the paying parent's wages (a 'deduction from earnings order')
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take money from the parents' bank or building society account
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take the parent to court to seize their property
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in very serious cases, remove their driving licence or passport, or even send them to prison
Do not hesitate to Ask a lawyer if you have any questions about your specific situation.
