How do I make my ex-partner pay child maintenance?

Last updated on May 20th, 2022 at 06:29 pm

How do I make my ex-partner pay child maintenance?

Breaking up with your partner is often a stressful and emotional time, without having to also deal with child maintenance disputes. Many couples are able to come to a mutually acceptable financial agreement regarding child maintenance, known as a family based arrangement. However, there are times when this isn’t the case. If you are struggling to get your ex-partner to pay child maintenance, then there are several options you have, including working with a solicitor to help with child maintenance issues. If you want to learn more about child maintenance and your rights, then keep reading. Graysons’ team of child maintenance solicitors in Sheffield, Chesterfield and Hathersage answer some of the most frequently asked questions about child maintenance and what you should do if your ex-partner refuses to pay.  

What does child maintenance cover in the UK? 

Child maintenance is a payment made by the parent who is not the primary carer to the child’s primary carer. Child maintenance payments are designed to help cover your child’s day-to-day living costs, including food, clothing, housing, and other necessities. In the UK, parents are legally required to contribute towards the day-to-day living costs of their children until they are at least age 16, or up to age 20 if they are in full-time education. Many parents are able to come to an agreement between themselves on how much this payment should be, known as a family based arrangement. However, it is important to note that this type of agreement is not legally binding. If you are unable to reach an agreement, or your ex-partner refuses to pay, then you should contact an experienced child maintenance solicitor, such as Graysons’ team of solicitors in Sheffield, Chesterfield and Hathersage. They will be able to advise whether it is best to try to reach a family based arrangement, make an application to the courts, or apply to the Child Maintenance Service.  

What should I do if my ex-partner refuses to pay child maintenance? 

If your ex-partner refuses to pay child maintenance, then you should contact a child maintenance solicitor. An experienced child maintenance lawyer, such as Graysons’ team of solicitors in Sheffield, Chesterfield and Hathersage will discuss your circumstances and your best course of action. Often the first step is for a child maintenance solicitor to contact your ex-partner to try and find a resolution through a process of mediation. An alternative is to take your ex-partner to court. This is often a preferred route to going through the Child Maintenance Service, especially if your ex-partner has a high income and if you have additional expenses that the Child Maintenance Service does not take into account, such as private school fees, or if your ex-partner lives outside the UK. 

How is child maintenance calculated? 

How much child maintenance you receive from your ex-partner is based on several factors, including how many children you have, the costs of raising your child or children, you and your ex-partner’s incomes, and the amount of care each partner provides. You can use the government child maintenance calculator, which will give you a guide as to how much child maintenance should be paid. If you are unable to agree on how much child maintenance should be paid your best course of action is to contact an experienced child maintenance solicitor, who will be able to advise you on how much child maintenance you should receive and how best to enforce payment. 

What should I do if my ex-partner suddenly stops paying child maintenance? 

If your ex-partner suddenly stops paying child maintenance, then you should first contact them to try and resolve the issue. There may be a valid reason that your ex-partner has suddenly stopped paying agreed child maintenance, such as a change in financial circumstances. If this isn’t the case, or you are unable to resolve the issue and have a family based agreement, then you should contact a child maintenance lawyer, such as Graysons’ team of child maintenance solicitors in Sheffield, Chesterfield and Hathersage. If your payments are made through the Child Maintenance Service, then they will be able to follow-up with your partner and have the power to take them to court if necessary. 

Can an ex-partner be forced to back pay child support money? 

Whether an ex-partner can be forced to back pay child support depends on the type of child maintenance agreement you have in place. A family based agreement is not legally binding.  However, if child maintenance is being paid through the Child Maintenance Service then they have the power to collect unpaid maintenance, by going through the courts if necessary. If you need help with child maintenance payments, then your best course of action is to contact an experienced child maintenance lawyer. They will be able to advise you as to the best course of action for your individual circumstances. 

Do parents have to pay child maintenance in the UK?

Yes, it is a legal requirement that child maintenance must be paid to the parent who is the primary carer of your child. Not providing for your children is a serious matter in the UK, and may even result in a prison sentence. If you are unable to come to a family based agreement, then you should contact an experienced child maintenance solicitor, such as Graysons’ team of solicitors in Sheffield, Chesterfield and Hathersage. An alternative is to contact the Child Maintenance Service who will make an assessment of how much your ex-partner should be paying. They may even take the issue to court if your ex-partner refuses to co-operate. 

How can a child maintenance solicitor help me? 

A child maintenance solicitor will be able to help you understand you and your partner’s legal rights regarding child maintenance. They will be able to help you reach an agreement with your ex-partner on child maintenance, change the terms of an existing agreement, or even take your ex-partner to court if they refuse to pay. A child maintenance lawyer will also be able to offer advice on whether it is best to make an application to the courts, or whether a Child Maintenance Service assessment best suits your personal circumstances. If you need help with child maintenance, contact our team of Sheffield, Chesterfield and Hathersage solicitors today.