No. 24 - Child Support - Northern Ireland
Child maintenance means financial support that helps pay for a child's everyday living costs. The parent who does not have the main day-to-day care of the child pays the parent who does have the main day-to-day care.
What is the law on child maintenance?
The law stipulates a parent who does not live with their child still has to share financial responsibility for them.
When a petitioner starts divorce proceedings, he or she must fill in Form M4 (statement of arrangements for the children), setting out his or her proposals for child maintenance (and addressing other issues related to the child's care - see Arrangements for Children and Child Custody).
The respondent may agree to co-sign Form M4 to show that he or she
agrees with what the petitioner proposes. The parties may then ask the court to
turn the agreement into a Consent Order. A Consent Order is an official ruling
made by a court, which a court bailiff will legally enforce if the parent who agreed
to pay child maintenance does not pay.
Where the parents cannot reach agreement, they may ask the 'Child Maintenance and Enforcement Division's Statutory Maintenance Service ('SMS') to make a child maintenance arrangement on their behalf.
If a parent asks the SMS to set up a child maintenance arrangement, the Service will gather information from both parents and use this to work out how much child maintenance should be paid.
The SMS can then collect child maintenance payments from the non-resident parent and pass them on to the parent who has day-to-day care. If payments are not made on time, the SMS can legally enforce collection of the money.
** Additional information & advice **
You can obtain further information about divorce and child maintenance on FindLaw and NI Direct. You can also call Child Maintenance Enforcement Division on 0800 028 7439 for free advice.
Depending on your circumstances, however, you may want to speak with a solicitor who specialises in family law. You can be matched with a family law solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action and whether you are ready to hire a solicitor.
