If a parent does not live with their child, perhaps following separation, they (the ‘paying parent’) may pay child maintenance payments to the other parent to cover the financial cost of raising their child. The amount paid in child maintenance payments is normally worked out based on:
- Your level of income
- Other factors that may affect your income – e.g. payments for other children
- The number of children you have
- The average amount of shared care (i.e. if the child regularly stays overnight with the paying parent, the amount of maintenance may be reduced to reflect this).
It is possible to manage child support online, using the government’s “Child Maintenance Service” (CMS). This allows you to report changes in circumstances and missed payments and to view your payment schedule. If you want to cancel child maintenance payments online, you would need to contact the CMS by phone to discuss your case.
It is important to note that not paying child maintenance may be seen as a breach of the law. In this case, the CMS may take enforcement action and, if necessary, ask the courts to take action. For this reason, if your circumstances have changed, it is essential to take proactive action and contact the CMS to discuss your circumstances, as you may be eligible for exemptions or reduce child maintenance payment. For example, if you have no income or it has reduced substantially, you might be eligible to reduce, temporarily halt or be exempted from paying child maintenance.
Exemptions from paying child support in the UK
Non-payment of child maintenance in the UK is illegal and deliberately avoiding child maintenance may lead to serious legal and financial consequences. However, you may be exempt from paying child maintenance or qualify for a reduced rate if:
- You are under the age of 16
- You are aged between 16 and 19, and you are on a government-approved training course or in full-time education.
- You are aged between 16 and 17, and you receive benefits (e.g. income support and job seekers allowance)
- You are in prison
- You have a gross weekly income of under £7 per week (in which case no maintenance is payable)
- You have a gross weekly income of between £100.01 and £199.99 per week (in which case a reduced rate of maintenance is payable)
- You have no means to pay (i.e. if you are unemployed)
- You become insolvent or bankrupt
- Another person is now responsible for the child (e.g. adoptive parent)
It is important to bear in mind that you must prove that you are eligible for an exemption from child maintenance before you can stop paying. If you need any advice on exemptions from or reductions in child maintenance and whether you are eligible, please speak to a family law solicitor in the first instance, who will be able to advise you accordingly.
How to reduce child maintenance in the UK
If you are eligible for a reduction in the amount of money you are paying in child maintenance in the UK, perhaps due to a change in your financial circumstances, you can submit a variation request through CMS or apply through the courts. You may be able to reduce your child maintenance payments if:
- You become self-employed
- You have a change in income and expenses
- You provide more shared care
- You become unwell or disabled
Child maintenance matters can be difficult to resolve. By seeking the advice of a family law solicitor who will listen to and review your case, you will be able to get a complete understanding of your current situation and your legal rights. They will also explain your options going forward and handle the entire matter on your behalf to protect your interests and those of your child.
Self-employed to reduce child maintenance
Becoming self-employed does not mean that you can avoid paying child maintenance entirely. Rather, the CMS will work out how much you owe in child maintenance based on your average weekly earnings in the most recent tax year. If you have just started self-employment, they will base your income on the gross income of the business minus any reasonable expenses and VAT. If this results in a lower income than you received through employment, or if you have greater uncertainty regarding your monthly income, you may be able to pay less child maintenance.
Unfortunately, it is not uncommon for some people to employ this as a loophole, enabling them to avoid child maintenance obligations by not declaring their true earnings or lower income. It is essential that you never hide your true income, as doing so may lead to an investigation by the CMS. The CMS may adjust your child maintenance payments accordingly if they suspect you are not providing accurate information. In addition, you may be taken to court and fined up to £1,000 if you fail to give the information you are asked for or you give information that you know is false.
Change in income and expenses
A change of income may occur as a result of a reduction in salary due to employer pay cuts, a new job, or a reduction in the amount of income you receive from investments or rental property. Any such change may affect how the amount of child maintenance you owe is calculated.
Expenses can also affect how much you will pay for child maintenance. Expenses that may be considered include:
- The costs of keeping in regular contact with your child (e.g. an increase in fuel or travel costs to visit your child)
- The additional cost of supporting a child with a disability or long-term illness who lives with you
- Repaying any money owed from a previous relationship
- Payments towards boarding school fees
- Mortgage, loan or insurance payments for the home you used to share with the receiving parent (assuming the other parent and your child live there)
In most cases, only expenses of £10 a week will be considered.
Increase the amount of shared care
If there is an increase in the amount of shared care, this should be reported to the CMS as soon as possible. This may be the case, for example, if your child comes to stay with you for an extra night each week. If you have an existing child arrangement order in place stating that one parent has sole child custody, it may also be necessary to ask the courts to change the order to increase the number of overnight stays.
Illness and Disabilities
If your circumstances have changed due to a serious long-term illness or disability, you may also be able to reduce the amount of child maintenance you pay. This may be the case if you have suffered a serious accident leading to permanent disability or you have been diagnosed with an illness which affects your ability to work.
Negotiation
You may also be able to reduce the amount of money you pay for child maintenance by negotiating with the other parent. By explaining to them why you are struggling to make the agreed payments and making a reasonable offer, they may agree to a reduced amount. However, it is important to bear in mind, that if your existing child maintenance payments are made through a formal court consent order or through the CMS, you should be cautious about any informal agreement with the other parent. Not only may you be in breach of the existing arrangement, but the new agreement may not be legally binding. This means the other parent may still be able to request late child maintenance payments at a later date.
If negotiations do not prove effective, it is highly recommended to seek professional mediation. Mediators are specially trained in resolving even the most difficult of child maintenance disputes between parents, often much faster and at less cost than applying through the courts. Mediation will also allow you to maintain a cordial relationship with the other parent.
What if I can’t afford child support in the UK?
If you cannot afford or you are struggling to make your child’s maintenance payments, you need to contact the CMS to agree on a plan as soon as possible. For example, if your income has been reduced or you have been made redundant, you can ask the CMS to recalculate the child maintenance and adjust the payment. Remember, do not wait until you have missed a payment to contact CMS. This is important because if a child maintenance payment is stopped or late without an agreement, the CMS will take enforcement action.
