Apr 13, 2018

Child maintenance - are you a non resident parent?

There are many areas to consider when paying child maintenance for your child.

One that may be more obvious is who is looking after the child on a day to day basis or ‘the person with care’. In the Child Support Act 1991 the person with care is considered the person with whom the child has their home or who usually provides day to day care for the child. If you aren’t the person with care then you are considered a non resident parent and can be liable to pay child maintenance.

What happens if you become the person with care? Sadly it is not as simple as stopping child maintenance payments. Notification must be given to the Child Maintenance Service (CMS) of the change of circumstances regardless or not if you decide to request child maintenance from the now non resident parent. The CMS state that notice must be given within one month of this change. Without notice of the change of circumstances child maintenance is still considered payable by the CMS and arrears can occur. Once you become aware of these arrears it may be too late according to the CMS for a cancellation or ‘supersession’ of those arrears.

Symonds Solicitors have recently brought to light however that under the Appeals Regulations and the Social Security and Child Support (Decision and Appeals) Regulations 1999 a supercession could be applied contact us if you require clarification of your legal position.