Child maintenance FAQs

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Which children are covered by child maintenance?

Child Support law through the CSA 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. There are different options available for sorting child maintenance depending on factors like age, whether the child has disabilities etc.

For child maintenance administered by the CSA, a child is anyone under 16 or someone between 16 and 19 who:

  • is not, nor has ever been, married or in a civil partnership, and
  • is in full-time non-advanced education.

(However, in certain circumstances, someone under 19 can still be regarded as a child for child maintenance purposes by the CSA even if they are not in full-time non-advanced education.)

Outside of the age ranges and educational requirements of the CSA, you would have to apply to the courts for child maintenance. See how the courts can help.

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Do I have to use the CSA to manage child maintenance?

No. There are several options for arranging child maintenance.

Child Maintenance Options can provide more information on the different choices available to you or you could talk through your options with a lawyer.

Either parent may apply to the CSA for an assessment if they wish to, as long as there is no Court Order in force regulating payments. You may prefer to agree a figure for child maintenance in a private agreement that is based on the CSA calculation. Child Maintenance Options can help you with this. Sometimes you can apply even if there is an order (when the order was made after 3/3/03 and is over a year old).

You can get an idea of what this figure might be using the Child Maintenance Options calculator.

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If child maintenance has been agreed, does the CSA have to be involved?

The CSA will only become involved at the request of a parent, and only as long as there is no Court Order in force already regulating payment. If you have arranged child maintenance through a private agreement, the CSA and the courts will not usually become involved, unless something starts to go wrong or things need to be looked at again.

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How do I set up a child maintenance agreement?

Parents can set up a child maintenance arrangement between themselves, through a private agreement.

You don’t have to involve anyone else in setting up a private agreement, but if you want to you can speak to Child Maintenance Options for free, impartial information on this kind of arrangement.

If you think a private agreement will not work for you, you may be able apply to the Child Support Agency (CSA). The CSA can accept applications from:

  • either parent
  • other people caring for qualifying children

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How much child maintenance should be paid?

With a private arrangement, you and the other parent can agree between yourselves how much child maintenance should be paid, and how often. A private agreement would allow for a broader set of arrangements which might include other things such as hollidays, activity costs etc.

You can get an idea of what your payments might be, using the Child Maintenance Options calculator. You could use this figure as a starting point for a private agreement, its a rough and ready way of meeting children's basic needs but you might also want to factor in ways of paying for other things that you'd like your child to be able to enjoy, music or sports lessons for example.

If you cannot agree on an amount, the Child Support Agency (CSA) can calculate a child maintenance amount for you

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What child maintenance payments can a court order?

The court still retains its powers to make orders for

  • the payment of school fees
  • child maintenance for step children or disabled children
  • child maintenance for those who are in further education and certain other specific situations
  • children whose non-resident parent lives overseas

It can also order that capital sums be paid for children, or that property must be made available for them, in certain circumstances. This is quite separate to any capital payment or maintenance that might be arranged between the couple.

If any of these factors apply to you, its probably a good idea to talk it through with a lawyer.

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How does the Child Support Agency calculate child maintenance?

The Child Support Agency (CSA) calculates an amount using rules set out by Child Support law. This amount is based on:

  • the net income of the non resident parent, and
  • the number of qualifying children the non resident parent lives apart from.

You can get an idea of what your payments might be, using the Child Maintenance Options calculator. You could also use this figure as a starting point for a private agreement.

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The CSA have messed up my claim. What can I do about it?

It might be that you have a claim for compensation. In the first instance though you will need to raise your problem with the Commission and give them a chance to put it right.

If that doesn't work you will then need to make a formal complaint to the complaints service at the CSA.

If the complaints service doesn't resolve matters you can ask the Independent Case Examiner (ICE) to take a look at your case. You can find out more about this on the CSA's website or the website of ICE.

You will need to follow each of these steps in turn. If at the end of the process you are still in a position where you have suffered financial loss as a result of the agency's failures it may be possible to pursue a claim for compensation through the courts and we would recommend you discuss your options with a lawyer. The 'Special Payments Guide' is the CSA's own guidance on whether financial compensation should be paid to clients and, if so, how much is appropriate. Copies of the 'Special Payments Guide' are available on request from the CSA by calling 0191 224 7887