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Introduction

Are you a parent or guardian in need of financial support for your child? This comprehensive guide will help you understand how to apply for child maintenance through the Child Maintenance Service (CMS) in the UK. Whether you’re struggling to reach an agreement with the other parent or seeking assistance after a private arrangement has broken down, we’ve got you covered.

If you need further assistance, Contend’s highly trained AI legal experts are here to provide guidance and help you navigate your legal challenges. With Contend, you can access the easiest legal help in the UK, ensuring you understand your rights and options every step of the way.

If you’re a parent or guardian and need financial support for your child, the Child Maintenance Service (CMS) can help. This service is particularly useful if:

  • You and the other parent can’t agree on how much maintenance should be paid.
  • You had a private arrangement for maintenance that has fallen apart.
  • You have experienced domestic violence or abuse.

However, if you have a court order for maintenance that is less than a year old, you won’t be able to use the CMS for assistance.

How do I apply for child maintenance through the CMS?

Who Can Apply?

To apply for child maintenance through the CMS, you must be the person who takes care of the child most of the time. This could be a parent, grandparent, or another guardian. You also need to be eligible for Child Benefit for the child in question.

Here are the requirements you must meet:

  1. You, the other parent, and the child all live in the UK.
  2. The child is either under 16 years old or between 16 and 20 and in approved education or training.
  3. No one else is currently receiving maintenance for the child through the CMS.

Understanding Residency

“Habitually resident” means that you have made the UK your home and plan to stay here for the foreseeable future. If you’re unsure if you meet this requirement, it’s a good idea to consult with Contend’s legal expert chat for guidance.

Qualifying Children

A child qualifies for maintenance if they are:

  • Under 16 years old, or
  • Between 16 and 20 years old, in approved education or training, and have never been married or in a civil partnership.

You can find out more about what counts as approved education or training on the UK government website.

Am I eligible to apply for child maintenance?
Family: UK Child Maintenance Guide: Apply Easily with CMS

How to Apply for Maintenance

When you’re ready to apply, you’ll need to provide the CMS with some important details, including:

  • Your National Insurance number
  • Your bank account information
  • Your child’s name and date of birth
  • The number of nights your child spends with each parent
  • The full names of both parents

The more information you can provide about the paying parent, such as their address and date of birth, the faster the CMS can process your application.

Application Process

You can apply online or over the phone. If you choose to apply online, you’ll have the option to create your own maintenance arrangement or request the CMS to handle it for you. To start your application online, visit the CMS application page and click on the “start now” button.

If you prefer to speak to someone, you can call the CMS at 0800 171 2345. They also offer a Welsh language service and support for those who are hard of hearing.

What Happens Next?

After you apply, the CMS may contact you for more information about the paying parent. They have the ability to trace the paying parent through various organizations, such as their employer or HM Revenue and Customs (HMRC).

How can I speed up my child maintenance application?

Understanding Payments

You can use the UK government’s calculator to estimate how much maintenance you might receive. Factors that influence the amount include:

  • The paying parent’s income
  • The number of children they are responsible for
  • The amount of time the child spends with each parent

If the paying parent receives certain benefits, you may only receive a minimal amount, typically £7 a week.

Receiving Payments

There are two ways to receive child maintenance:

  1. Direct Pay: You and the paying parent can arrange payments directly between yourselves. This method is free and usually quicker.
  2. Collect and Pay: If you prefer the CMS to handle the payments, especially if there’s a history of issues or abuse, you can opt for this service. However, both you and the paying parent will incur fees.

For example, if the CMS determines that the paying parent should pay £35 a week, under Collect and Pay, they would pay £42 (including a 20% fee), and you would receive £33.60 after a 4% fee is deducted.

Keep Records

It’s important to keep a record of all payments you receive. This can help clarify any disputes that may arise in the future.

How do I choose between Direct Pay and Collect and Pay for my situation?

What If You Have Concerns?

If you disagree with the CMS’s calculations or have issues with their service, you can request a review or file a complaint. More information on how to do this is available on the CMS website.

By understanding the process and knowing your rights, you can navigate the child maintenance system more effectively. If you have any questions or need further assistance, consider reaching out to Contend’s legal expert chat for personalized guidance. Contend is the Easiest Legal Help in the UK.

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This material is for general information only and does not constitute
tax, legal or any other form of advice. You should not rely on any
information contained herein to make (or refrain from making) any
decisions. Always obtain independent, professional advice for your
own particular situation. Contend Inc is not regulated by the
Solicitors Regulation Authority.