Financial Provision for Unmarried Couples
In the UK, when unmarried parents separate, ensuring the financial well-being of their children is paramount. While unmarried couples do not have the same legal rights as married couples, both parents are legally obligated to support their children financially. Understanding the avenues available for child maintenance and financial provision is crucial for unmarried parents navigating separation.
Child maintenance refers to regular financial support provided by the non-resident parent to the parent with whom the child primarily resides. This support covers everyday living expenses such as food, clothing, and housing.
Calculating Child Maintenance
The Child Maintenance Service (CMS) offers a standardised method to calculate maintenance payments. The calculation considers:
The paying parent’s gross weekly income
The number of children requiring support
The number of nights the child spends with the paying parent
Any other children the paying parent supports
Parents can use the CMS calculator to estimate payments
Enforcement and Collection
If parents cannot agree on maintenance payments, the CMS can intervene to calculate, collect, and enforce payments. However, using the CMS’s collection service incurs additional fees:
The paying parent pays an extra 20% on top of the maintenance amount
The receiving parent has 4% deducted from the maintenance received
Beyond regular maintenance, unmarried parents can seek additional financial support under Schedule 1 of the Children Act 1989. This provision allows for:
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Lump Sum Payments
For expenses like school fees, housing costs, or other significant child-related expenses.
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Property Transfer or Settlement
Providing a home for the child and resident parent until the child reaches adulthood
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Top-Up Maintenance
Applicable when the paying parent's income exceeds the CMS's assessment threshold
These applications are made through the family courts and are assessed based on the child’s needs and the parents’ financial circumstances.
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Yes, both parents, regardless of marital status, are legally obligated to financially support their children.
Yes, but the process can be more complex. The CMS has reciprocal arrangements with certain countries. If the other parent resides in a country without such arrangements, legal advice is recommended.
If the paying parent’s gross annual income exceeds £156,000, you can apply to the court under Schedule 1 of the Children Act 1989 for additional (“top-up”) maintenance.
Yes, under Schedule 1, the court can order a property transfer or settlement to provide housing for the child and resident parent until the child reaches adulthood.
If care is shared equally, neither parent is typically required to pay child maintenance. However, if there’s a disparity in incomes, the CMS may still assess payments.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
