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From 27th October 2008, the Child Support Agency changed the way that they organise Child Maintenance Payments. They have also changed the procedures as to how they recommend what should be done when two parents separate, and how they should arrange, between themselves, the maintenance of their children. Non-resident parents should adhere completely to any case raised by the CSA and it is the responsibility of the parent with care to raise such a case if agreement cannot be met. In the rare situation that the parent with care refuses maintenance payments from the non-resident parent, the non-resident parent should refrain from initiating a case with the CSA to ensure payments are made. The reasons for this become clear; If a non-resident parent initiates a case with the CSA to arrange maintenance money to be paid to the parent with care, the parent with care has the right to refuse. Where the parent with care refuses maintenance, the CSA will return any monies taken from the non-resident parent, back to that parent. But... at any time in the future, if a case has been raised previously with the CSA, the parent with care can then revert back to the CSA and make demands of all backdated sums to the date that the case was first raised. This is true, right up until the date of your child's graduation from university. A private agreement for maintenance is the best way to go. Just make sure that any money handed over is documented, don't pay cash! Use a crossed cheque or bank transfer so that all monies can be accounted for. The CSA has the authority to request bank statements.

The Parent with care of the child will be entitled to approx 15% of the non-resident Parent's gross monthly wage and it is highly recommended by the CSA that both parents arrange this between themselves. If the parent with care is claiming government benefits, it is their responsibility to inform the department of work and pensions of the amount of maintenance they receive. Non-resident parents should respect that the parent with care is doing this and refrain from initiating any report to the DWP or making any report which could be seen as misrepresentation of the parent with care. Remember it is your child who's livelyhood is at risk if the parent with care has any of their needed benefits stopped. Parents with care are able to keep up to £20 a week of any child maintenance paid before it affects the amount of benefit they may receive. This means that if, for example a Father pays £170 via the CSA, to the Mother every month and the Mother receives the whole sum of £170 monthly, the total calculated amount of "means-tested" maintenance would be approx £18 per week, where the total is £38, the first £20 being overseen by the Department of Work and Pensions.

If there is an existing court order or written maintenance agreement and either parent wants to change it, the CSA advise that parents must apply to the court where the maintenance arrangement was made. A written agreement is not one which simply advises one parent to make payments into any one bank account, or to any specific person. The CSA will only take into consideration, a written agreement which was made before 5 April 1993, or a legally binding court order. The parent with care will not be entitled to have any maintenance backdated unless a case has been raised with the Child Support Agency and the date of any backpayment will only be active from the date that the case was raised with the CSA.

More info on Child Maintenance and Child Support Agency can be found on the Child Support Agency Website.

It is important to note, the courts and child welfare hearings heard in court give specific instructions to the judge or sheriff that the welfare of the child and the financial situation of either parents are two completely separate issues. From experience and extensive research, TheScribe.eu has found that maintenance payments are no business of the family court and this is why the above advice has been given here. The CSA will not dictate parent contact, and the family courts will not dictate resident parent funding. The only instance where maintenance payments can be sought from a non-resident parent in court is where the CSA raise a case against the parent from whom the CSA has previously requested payments. To find out the Child Support Agency exact procedure when demanding payments from a non-resident parent, please contact them direct.