At XK Family Law Solicitors Aberdeen, we know separated parents often have many questions about child maintenance. Here we answer the most common queries in clear, practical terms.
What is child maintenance?
Child maintenance is the financial support that the parent who does not live with the child most of the time pays to the parent (or carer) who does. It ensures that both parents contribute to the cost of bringing up their child. where a child resides with both parents on a 50/50 basis, no child maintenance is due.
Who decides how much I have to pay?
In most cases, the Child Maintenance Service (CMS) calculates the amount based on the paying parent’s gross weekly income. In higher-income cases, or when the child is over 18 and still in education, the Scottish courts may deal with the matter instead (through an order for aliment).
How is child maintenance calculated?
The CMS applies a formula:
- 12% of gross weekly income for one child
- 16% for two children
- 19% for three or more
This is then adjusted for overnight stays with the paying parent and for other children living in their household. Read our full guide to how child maintenance is calculated in Scotland.
Can child maintenance be backdated?
No. CMS payments only start from the date of application. They cannot be backdated to the date of separation. If support is needed for a period before the CMS becomes involved, the correct route is a court application for aliment. Read more on whether child maintenance can be claimed retrospectively.
How long do I have to pay child maintenance?
- CMS covers children up to age 16, or 20 if they are still in full-time non-advanced education (school or college – but not university).
- Beyond this, parents in Scotland may still have to pay aliment (different to child maintenance) if the child is over 18 and is “reasonably and appropriately undergoing instruction at an educational establishment” (e.g. university) or training for a trade or occupation.
Who do I pay maintenance to?
- Under CMS, the payments usually go to the parent with whom the child lives.
- Under aliment (court-ordered support), once the child turns 16 they have a right to have payments made directly to the child, though in practice parents sometimes agree otherwise.
What if the paying parent earns a very high income?
The CMS only deals with income up to £3,000 per week (£156,000 per year). If the paying parent earns more, the receiving parent can apply to the court for an additional award of aliment.
What happens if maintenance isn’t paid?
The CMS has wide enforcement powers, including:
- Deductions directly from wages or benefits.
- Taking money from bank accounts.
- Court action, including liability orders.
Court-ordered aliment can also be enforced, for example through earnings arrestment.
Key Takeaway
Child maintenance rules in Scotland are a mixture of CMS calculations and Scottish court powers for aliment. The system ensures children are supported fairly, but the right route depends on the child’s age, education, and the parents’ financial circumstances.
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Email: info@xksolicitors.co.uk
Our articles are not legal advice. We accept no responsibility for use of this information.