What is maintenance and who can apply for it? If neither parent can maintain the child/ren, the duty to support the child/ren will pass on to the child/ren’s grandparents. The duty to support a child ends at the child’s death but not at the parent’s death. You cannot use this service if you have an existing consent order approved by a court that is either less than a year old or made before 3 March 2003. You must write your name and National Insurance number on the back of any documents you send to the Child Maintenance Service by post. What does it mean to have power of attorney? We use this information to make the website work as well as possible and improve government services. However, in most cases the law only requires parents to support their children until they turn 18. 3. The maintenance officer will meet with the parents to discuss the maintenance. To help us improve GOV.UK, we’d like to know more about your visit today. You won’t have to pay if either: You’ll need to give the CMS detailed information about yourself and your family. 2. If you don’t want the paying parent to know where you live, you can ask the CMS how to set up a non-geographical bank account. If you want to check it’s been worked out correctly, you can talk to an adviser. The Child Maintenance Service is for parents who have not been able to make a private arrangement about how their child’s living costs will be paid. Your identity document. If your case is based in Northern Ireland, please click here. This includes necessities such as food, clothing, housing, as well as education and medical expenses. a grandparent of the child, and any other person concerned with the care, welfare or development of the child. The Child Maintenance Service will share your name and your child’s name with the other parent. You might want to ask the Child Maintenance Service (CMS) to arrange maintenance for you if: you haven’t been able to agree maintenance with the other parent, you had a private arrangement which has broken down, you’ve experienced domestic violence or abuse. If they use Direct Pay, he pays £35 and she gets £35. The order will automatically cease to … If you decide to apply to the CMS, CMO will give you a reference number and explain how to apply. Most children do not gain full financial independence until well after their 18 th birthday. Find out how to complain about your doctor or health visitor. Your child needs to be under 16 (or under 20 if they stay in approved education or training). We’ll send you a link to a feedback form. If you are an employer who pays your employees' child maintenance through their earnings, click on this section. Online form Adult Child Maintenance can be payable when a child is studying, has a physical or mental disability or has a serious illness. Child Maintenance Options is the service you call to start your child maintenance claim. If you’re not sure if you’re habitually resident, talk to an adviser. There are ways to get payments from your child’s other parent without sharing your location. They'll explain how you can get maintenance. Before you can apply to the CMS you will have to speak to Child Maintenance Options to discuss whether you could make a family-based arrangement instead. Child Maintenance Options Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, Applying to the CMS for child maintenance. If you’re not happy with the service you’ve received from the CMS rather than with a decision they made, you can make a complaint. Applying for child maintenance. Once the Child Maintenance Service calculates the maintenance amount, payments are usually managed between parents. To get a maintenance order. Child maintenance is money to help pay for your child's everyday living costs when you've separated from the other parent. Applying for maintenance . But in short, parents must pay according to their means. If a private arrangement isn’t suitable for you, you can apply to the Child Maintenance Service (CMS). You can make your own arrangements for payment. Gather your documents. Child Maintenance Options. If an agreement cannot be made, the case will go before a magistrate. Tell the Child Maintenance Service if it’s not safe for the other parent to know your location or personal information, for example if you’ve changed your name. If you don’t have a lawyer, contact Resolution and Court Administration Services for help. Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, check what’s approved education or training, ask the CMS to look at the decision again, Read more about complaining about the CMS, Challenging what the CMS says you should get. You cannot simply stop paying. They'll explain how you can get maintenance. The CMS can only arrange maintenance if both parents and the child you’ll be getting maintenance for are all habitually resident in the UK. You’ll need to call Child Maintenance Options (CMO). Visit the nearest magistrates’ court to apply for child maintenance and take the following documents Birth certificate of your child/children. Telephone: 0800 953 0191. It will include any maintenance they should have paid since you applied to the CMS. You must go to the Magistrate’s Court to make a request for maintenance. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Is there anything wrong with this page? Child Maintenance Options (CMO) are no longer active here, but you can read their advice to others on this board. Child Support payments are monies transferred from one parent to the other parent to help raise their children. Please be aware that the CMS has a data sharing agreement with the Home Office, which allows them to share any information given ‘for immigration enforcement purposes’. How do I apply for child maintenance? Your child or children's details. If you decide to apply to the CMS, CMO will give you a reference number and explain how to apply. Applying to the CMS for child maintenance. The … There are different options available for sorting child maintenance depending on factors like age, whether the child has disabilities etc. You can find out more or opt-out from some cookies. 99 of 1998) They’ll discuss your maintenance arrangements with you, give you a reference number and explain how to apply. They will not share details of your case. The CMS might phone you for more information about the paying parent or ask you to fill in a form. Ask the Child Maintenance Service to give you a letter to explain why you need it. If a family-based arrangement cannot be reached, then either parent can apply to the Child Maintenance Service (CMS) to secure statutory child maintenance. It will take only 2 minutes to fill in. This will show when the paying parent should make payments. If you’re worried about your child’s other parent contacting you, tell the Child Maintenance Service at the start of the call. Keep this guide with you when you make the call to make sure you get the service you need to claim maintenance and stay safe. We use cookies to collect information about how you use GOV.UK. If you don’t agree with the calculation, you can ask the CMS to look at the decision again. We recommend a lawyer helps you with the maintenance order. Adult Child Maintenance. Monday to Friday, 8am to 8pm. The paying parent can set up a standing order to your pre-payment card. For children living in Scotland. Maintenance is a form of financial support. Advice can vary depending on where you live. 353), Section 69, you can apply for maintenance; For your child, from the other parent, if he or she neglects or refuses to provide the child with reasonable maintenance; Either parent can apply for maintenance if the other does not help support their child. You and the paying parent will have to pay a fee to use Collect and Pay: you’ll have to pay 4% of the amount of maintenance you get - it’ll be taken from what you get, the paying parent will have to pay 20% of the amount of maintenance they have to pay - this will be added to what they have to pay. You’ll need to know: how many children the paying parent is or will be paying maintenance for, how many nights a week the child spends with the paying parent, if any other children live with the paying parent. The child/ren will then pursue this matter. 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. If you don’t know all the information, say you don’t know. It’s best if you can arrange maintenance directly with the paying parent. The CMS can trace the paying parent through any organisation that might hold their details like: the Driver and Vehicle Licensing Agency (DVLA). A child is a qualifying child if they’re under 16. They will refer you to the CMS who will deal with your child maintenance claim. We use cookies to improve your experience of our website. You’ll usually hear from the CMS in 4 weeks unless they have problems finding the paying parent. Contact Child Maintenance Options before you apply. The Child Maintenance Service and child maintenance solicitors use a set mathematical formula to work out how much child support is payable provided that the payer’s gross income (after deduction of pension contributions) is £156,000 a year or less. This will help in case there’s any dispute in future about how much has been paid. If you want to check the full list of benefits the paying parent needs to be getting, you can talk to an adviser. The Child Maintenance Service is for parents who have not been able to make a private arrangement about how their child’s living costs will be paid. This won’t cost anything. Calls to these numbers are free from mobiles and landlines. Visit the Maintenance Court – Step 2 … Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”. Use the information you have gathered in Step 1 and fill in the form. j101 e republic of south africa application for maintenance order complaint in terms of section 6(1) (a) of the maintenance act, 1998 (act no. You can ask the CMS to collect maintenance and pay it to you if: you don’t want to use Direct Pay - like if you’ve experienced domestic violence or abuse, you used Direct Pay but that arrangement broke down, you had a private arrangement and it broke down. Should the amount of maintenance that you are paying to the mother or father of your child(ren) exceed your monthly income in that you cannot afford to meet your monthly obligation for the payment of maintenance, you will need to apply to court for a substitution or discharge of existing maintenance order. This means Jane will only get £33.60 (£35 - £1.40 = £33.60). Welsh language: 0800 408 0308 Child Support law through the CMS governs the level of child maintenance that should be paid by a parent who is not resident in the child’s household, to the parent with main day-to-day care of the child. You’ll get more information about how they worked out the amount. Before you start, you should: check if you’re eligible for child support; read about how it works before applying. Child Support is not payable for a Child who has married or entered into a de facto relationship. Child Maintenance Service (CMS) ... involved in Court proceedings to divide assets following a divorce or dissolution of a civil partnership and can agree child maintenance you can apply to court to have this agreement turned into a consent order. It costs £20 to apply to the Child Maintenance Service. This includes: how many nights a week the child spends with each parent. You can ask your bank to set up a ‘non-geographical’ bank account if you do not want the other parent to know your address. Webchat In the event of the parent’s death, the child may lodge a claim for maintenance against the deceased parent’s estate. If the non-resident parent fails to pay the maintenance agreed in the consent order, then the Court has powers to enforce the order. You can’t ask the CMS to arrange maintenance if you get maintenance under a court order which is less than a year old. In many instances, a settlement agreement in a divorce or a maintenance order will stipulate that maintenance be paid until the child reaches a certain age. All content is available under the Open Government Licence v3.0, except where otherwise stated, if the paying parent works outside the UK for a British organisation, Manage your Child Maintenance Service case, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, Open 8am to 5pm, except for Welsh language line which is closed all day, arrange for the other parent to pay child maintenance and, help find the other parent (they’ll need information from you and will not be able to set up a case if they cannot be found), either parent (you do not need to live with the child), a grandparent or other guardian of the child, details about the child you’re applying for - including the full names of their parents, your bank account details (tell the Child Maintenance Service if it’s not safe to tell the other parent your name, if you’ve changed it, or location), government organisations like Jobcentre Plus, the paying parent’s bank or building society. If they’re 16 or over, they’re a qualifying a child if all the following apply: they’re in approved education or training - check what’s approved education or training on GOV.UK, they’ve never been married or in a civil partnership. Don’t worry we won’t send you spam or share your email address with anyone. Read what we're saying about a range of issues. The court will vary the order if justified by: the change in the circumstances of the child the change of circumstances of either party The CMS has said Greg should pay £35 a week in child maintenance to Jane. They might ask for information like the paying parent’s date of birth and national insurance number.

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