If you are currently paying child maintenance, you must continue to do so even if your ex-spouse is cohabiting with a new partner or remarries. Having a new partner does not affect the payment of child support and it is not grounds for reducing or stopping child maintenance payments. If your ex-partner is cohabiting or remarries, this will only affect any spousal maintenance (not child maintenance) you are paying.
It is important to remember that child maintenance and spousal maintenance are quite different. Child maintenance is paid by a divorced parent to help financially support the raising of their child and is paid until their child reaches the age of 16. In some circumstances, if the child goes into full-time tertiary education after 16 (e.g. to study A-levels), they may still be entitled to receive child maintenance payments until they are 20. Spousal maintenance, on the other hand, is paid by a divorced person to help financially support their ex-partner following divorce.
Do I have to pay child maintenance if my ex earns more?
Even if your ex-spouse earns more than you, you still must pay child maintenance to help cover the financial cost of raising your child. This is because child maintenance payments are calculated based on the income of the paying parent, the amount of shared care, and the number of children.
If you are paying child maintenance and your personal circumstances change, you may be able to apply to have your child support payments reduced. This may happen, for example, if you lose your income or you have another child.
If the child maintenance was agreed in the form of a court order, you can apply to the court to vary the order. We recommend you to contact a family law solicitor who can advise you and represent you through this process. If the child maintenance amount was set by the government’s Child Maintenance Service (CMS), you will need to advise them of any changes in circumstances. The CMS will then review the application and determine if a change in the child maintenance amount is required.
If I marry someone with a child, do I have to pay child support in the UK?
If you marry someone with a child from a previous marriage, it is important to understand that you are not legally responsible for covering their child support costs. In the UK, child support is only paid by a parent who has parental responsibility and does not have day-to-day care of the child.
In addition, marrying a new partner with a child after divorce will not impact the amount of child support that the child is entitled to because your income (i.e. as a new spouse) is not taken into consideration.
