Single Parent FAQs: Child Maintenance – Issue 34

23/10/2024

Our Advice and Information team who work on our Lone Parent Helpline, webchat and Ask a Question feature, receive questions from single parents from across Scotland every day.

Take a look at the answers to the most frequently asked questions on Child Maintenance

How can I claim Child Maintenance? I have just separated from my partner.

Child Maintenance can be arranged in one of 3 ways:

  • through a private arrangement
  • using a solicitor
  • using the Child Maintenance Service (CMS)

More info can be found here.

Can I get the £20 fee waivered so I can apply to the Child Maintenance Service?

There is no longer a fee to start an application to CMS. Those who applied before 26th February 2024 had to pay an application fee of £20.

My ex-partner has started working abroad does that mean he no longer has to pay child maintenance?

You can still use CMS if your child’s other parent is:

  • A UK civil servant or works within Her Majesty’s Diplomatic Service
  • A member of the armed forces
  • Working for a company that is based and registered in the UK
  • Working on secondment for a UK regional health authority or local council.

If none of the above match your child’s other parent, you can ask the Scottish Government for advice by emailing, phoning or writing to them at:
Email: maintenanceenforcement@gov.scot
Telephone: 0131 244 2417 or 0131 244 4829
Fax: 0131 244 4848
The Scottish Government Justice Directorate Central Authority and International Law Team St Andrew’s House
Regent Road Edinburgh EH1 3DG

How do you know how much Child Maintenance your ex-partner should be paying?

After you apply, CMS should contact HM Revenue & Customs to find out the other parent’s income.

They will also ask the other parent for details about their circumstances. This includes information on payments into pension schemes, certain costs or expenses the paying parent pays, and the number of other children the paying parent supports.

Child Maintenance is reviewed each year.
Child Maintenance rates are applied to gross weekly income. The rates differ depending on the gross weekly income amount.

More information can be found here.

My son is leaving school next year and going onto university, how is Child Maintenance worked out then?

Normally Child Maintenance is paid for children up to age 16. It can be paid for children up to age 19 if the child is in full-time, non-advanced education. A child’s parent can continue to pay maintenance voluntarily after child benefit has stopped, but this cannot be arranged through CMS.

How can I complain about Child Maintenance Service? I've been trying to get in touch with them for 2 months and no one answers.

You can complain about things like:

  • mistakes in the calculation
  • a long delay dealing with your case
  • delays in taking enforcement action
  • difficulty contacting the CMS
  • not providing you with a translator
  • being discriminated against

You first need to speak to or write to the person dealing with your case, or to their manager.

If you already have an online CMS account, you can use webchat to talk to a CMS advisor. Tell them why you’re unhappy and give as much detail as possible. It might be useful to write things down.

If you call keep a note of when you called, who you spoke to and what you said.

If you write to the CMS put ‘Complaint’ at the top of your letter and keep a copy. You can also ask the Post Office for a Proof of Posting receipt.

You should get a letter saying the CMS has received your complaint within 2 working days.

The CMS will try to deal with your complaint within 15 working days. If it’s likely to take longer they’ll tell you and agree a new timescale with you.

All the information on how to complain can be found here.

I don’t think the Child Maintenance Service have calculated my claim properly, what can I do?

You can challenge a decision about your payment amount. This is called asking for ‘mandatory reconsideration’.
You must ask for this within 30 days of the date on your decision letter.
If you’re unhappy with the outcome of the mandatory reconsideration, you can appeal to the Social Security and Child Support Tribunal within one month of getting the decision.

If you submit your appeal after a month, you’ll have to explain why you did not do it earlier. More info and how to do this can be found here.

Transforming Child Maintenance

Only one in two separated families with children have arrangements for receiving Child Maintenance.
Since 2012, £614 million in child maintenance has gone unpaid. OPFS is working with parents, practitioners and policymakers to make the case for a fairer Child Maintenance System.

Learn more about the "Transforming Child Maintenance" project in partnership with IPPR Scotland and Fife Gingerbread
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