Hello, I’m from Ukraine and I would like to ask about child maintenance rules in the UK. Could you explain how the system works here?

27.11.2025 22:07:09 In the UK, child maintenance refers to regular financial support paid by the parent who does not live with the child to the parent who does. The amount is intended to help with the child’s living costs. Child maintenance can be arranged privately between parents (a family-based arrangement), or through the government’s Child Maintenance Service (CMS). If using the CMS, the amount is calculated based on the paying parent’s gross income, the number of children, how much time the child spends with each parent, and if the paying parent has other children to support. If the paying parent does not cooperate, the CMS has powers to collect money directly from their wages or bank account. It is important for both parents to try to reach an agreement that is in the best interest of the child.

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27.11.2025 22:07:22 From a legal perspective, child maintenance in the UK refers to the financial support that a parent who doesn't live with their child (the non-resident parent) is required to provide to the parent who does (the resident parent) to help cover the child's living costs. The system is governed by laws such as the Child Support Act 1991 and subsequent regulations. Here's how it generally works: 1. **Private Arrangements**: Parents are encouraged to make their own family-based arrangements for child maintenance without involving authorities. This can be flexible and agreed upon mutually, but it must be in the child's best interest. If agreed through a court order (e.g., in divorce proceedings), it becomes legally binding. 2. **Child Maintenance Service (CMS)**: If parents can't agree, the CMS, which is part of the Department for Work and Pensions, can calculate and manage payments. This is available for children under 16 (or under 20 if in full-time education). - **Calculation**: The amount is based on the non-resident parent's gross weekly income (from employment, pensions, etc.), minus certain deductions like pension contributions. It considers the number of children, any shared care arrangements (e.g., if the child stays with the non-resident parent overnight), and other factors like benefits received. - There are different rates: Basic (for incomes up to £800/week), Reduced (for lower incomes), Flat (if on certain benefits), and Nil (if income is very low or in specific circumstances). - For example, for one child, it's typically 12% of the non-resident parent's gross weekly income after deductions. 3. **Application Process**: The resident parent can apply to the CMS for a calculation. There's a £20 application fee (waived in cases of domestic violence or if under 19). The CMS will contact the non-resident parent for income details. 4. **Enforcement**: If payments aren't made, the CMS has powers to enforce them, such as deducting from earnings, bank accounts, or even taking legal action like imprisonment in extreme cases. 5. **International Aspects**: Since you're from Ukraine, note that if one parent is in the UK and the other abroad, the UK can enforce maintenance orders under international agreements like the EU Maintenance Regulation (though post-Brexit, it may depend on reciprocal arrangements). For non-UK residents, you might need to use the Remo (Reciprocal Enforcement of Maintenance Orders) process or consult local authorities. This is a high-level overview; specific cases can vary based on circumstances, and it's advisable to seek personalized legal advice from a solicitor or family law expert in the UK for your situation.

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28.11.2025 10:47:57 In the UK, child maintenance is primarily administered by the Child Maintenance Service (CMS). The CMS calculates the paying parent’s obligation based on their gross weekly income, number of children, and level of contact with the child. The calculation follows a fixed formula, and most payments are arranged directly between the parents unless enforcement is required. If the paying parent lives in the UK and is employed, CMS can obtain income information directly from HMRC and enforce the order through wage deductions or other measures. Where the paying parent lives abroad, CMS jurisdiction depends on whether the country is part of the UK’s reciprocal enforcement network. For non-REMO countries, including Ukraine, enforcement may require a court order. We can advise you on which route applies in your situation and how to secure legally binding payments.

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28.11.2025 10:57:24 Child maintenance in the UK is designed to ensure that both parents contribute financially to their child’s upbringing. The Child Maintenance Service uses the paying parent’s income to calculate the amount owed. The more they earn and the fewer nights the child stays with them, the higher the payment. Most parents use a simple arrangement where the CMS provides the calculation, and the parents transfer the payments privately. If the other parent refuses to pay and they live in the UK, CMS has strong enforcement powers, including deductions from salary or bank accounts. If the parent lives outside the UK, CMS can only act if that country cooperates with the UK; otherwise, you may need a court order. We can help you understand your options, calculate likely payments, and choose the most effective enforcement path.

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