Child Maintenance in Scotland: Obligations and Enforcement
Child maintenance is a crucial financial support provided by one parent to help cover the everyday costs of raising a child when parents are separated. This article explains the basics of child maintenance in Scotland, including parental obligations, the calculation process, and how enforcement works if payments are missed.
What is Child Maintenance?
Child maintenance is a regular, reliable financial contribution from the non-resident parent to the parent or caregiver with whom the child lives most of the time. It aims to ensure that the child has adequate resources for essentials like food, clothing, housing, and education.
Who is Responsible for Paying Child Maintenance?
In Scotland, both parents are financially responsible for their child, regardless of whether or not they live together. If parents separate, the non-resident parent – the one who doesn’t live with the child – usually pays child maintenance to help support the child’s needs.
How is Child Maintenance Calculated?
Child maintenance can be arranged in two main ways: privately between the parents (a “family-based arrangement”) or through the statutory Child Maintenance Service (CMS).
Family-Based Arrangements:
Many parents choose to agree on an amount privately. This can be flexible, allowing parents to decide on a payment schedule and amounts that best suit both their financial situations and the needs of the child. Family-based arrangements are not legally binding, but they allow greater control over the process.
Using the Child Maintenance Service (CMS):
If parents cannot agree on a private arrangement, the CMS can step in to calculate and manage payments. The CMS uses a standard formula based on the non-resident parent’s income, factoring in the number of children involved and any shared care arrangements.
The CMS charges a fee for setting up and managing payments. The CMS will calculate the amount due, considering the non-resident parent’s gross weekly income, other children they support, and how much time they spend with the child. Generally, the more time the child spends with the non-resident parent, the lower the maintenance amount.
When Can Child Maintenance Stop?
In Scotland, child maintenance is typically paid until the child turns 16. However, if the child remains in approved full-time education, the obligation can continue until they are 20.
Enforcement of Child Maintenance
When payments are missed, the CMS can take several steps to ensure that the money owed is paid. They may:
- Contact the Employer: CMS can arrange for deductions directly from the non-resident parent’s wages.
- Freeze Bank Accounts: In some cases, CMS can freeze and access funds directly from bank accounts.
- Court Orders: CMS can apply for a court order to recover arrears or prevent the non-resident parent from travelling outside the UK if they owe significant sums.
- Legal Action: In severe cases, legal action could lead to fines, additional charges, or even imprisonment.
What if Circumstances Change?
Life circumstances change, and either parent may face financial difficulties or new expenses. When this happens, either parent can request a review of the maintenance agreement through CMS if their financial situation changes by 25% or more.
Seeking Advice
Understanding your rights and responsibilities regarding child maintenance is crucial for securing your child’s well-being. Family law solicitors in Scotland can provide advice, discuss your options, and guide you through any disputes with minimal stress.
Final Thoughts
Child maintenance plays an essential role in ensuring that children of separated parents have the resources they need to thrive. If you are unsure about your rights or obligations, seeking guidance can make the process much easier. Remember, child maintenance is about prioritising the welfare of your child, providing them with the best possible chance of a stable and supported life.
If you have issues concerning child maintenance or you simply wish more information, then please contact our experienced Family Law solicitors on 01259 723 201 or contact help@randa-fa.co.uk and we would be delighted to assist.
