Does a New Partner Affect Child Support, UK?

Request a call from a family law solicitor

Consent

If you are currently in receipt of child maintenance (child support) payments from an ex-partner, you may be wondering what circumstances affect the payments you receive. A common question is if you or your ex-partner get into a new relationship, will it affect the child maintenance payments?

Expert Family Law can find the most suitable and experienced legal professional to help you with your queries surrounding child support. When family disputes arise between parents, it can be helpful to have someone outside of the relationship to help you navigate through the conflict and provide you with the best advice on moving forward, keeping the needs of your children at the forefront. Our family law team are experienced in dealing with child maintenance matters, providing support during this difficult time.

What is Child Maintenance?

Child support is financial support provided by a non-custodial parent to the custodial parent or guardian to help cover the costs of raising a child. In the UK, child support is typically paid by the parent who does not have the main day-to-day care of the child to the parent who does.

The amount of child support to be paid is usually determined by a formula that takes into account the non-custodial parent’s income and the number of children involved. The formula is used by the Child Maintenance Service (CMS) in the UK, which is responsible for deciding who pays maintenance and enforcing the payments.

Child support can be used to cover a wide range of expenses related to raising a child, such as food, clothing, housing, and education. The aim of child support is to ensure that both parents share the financial responsibility of caring for their children, even if they are no longer living together.

Does a new partner affect your child support UK payments?

Child maintenance continues to remain payable to the custodial parent regardless of a new partner as a new partner does not affect your child support, UK. This includes both parties, the parent receiving child support payments and the parent that pays child maintenance.

If the parent in receipt of child maintenance has a new partner, then the ex-partner will continue to pay their agreed child maintenance as the new partner is not expected to take on the financial responsibility of the children.

Child maintenance remains payable, either by court order through the Child Maintenance Service or by an agreement made between the parents themselves, until the child turns 18 or finishes full-time education (whichever is later).

The only circumstances which will typically affect the amount of child support payments are if the paying parent’s income changes and/or if the time spent with the children changes between parents. If the paying parent suddenly takes on more time with the children, or has them full-time, then their payments will likely be adjusted and the maintenance arrangement will need to be changed.

What is a Spousal Maintenance Order?

A Spousal Maintenance Order is a financial agreement overseen by the Court in which maintenance payments are agreed and made by the higher earning partner to assist the lower earning partner after a divorce. These payments are intended to assist with living costs, allowing the lower earning or sometimes non-earning partner to start up their new life. This is partly due to the fact that many couples do not have a ‘lump sum’ of money to facilitate a ‘clean break’ within a divorce and as such, maintenance payments are the most obvious choice.

Similarly to child maintenance orders, there is no automatic ceasing of a spousal maintenance order when a new partner comes into the picture. The receiving party of the spousal maintenance order (usually the wife) has to consent to the ending of the payments and many are reluctant to do so due to the fact they gave up their time and careers to raise their children, and as such, they rely on the payments. The law states that when someone remarries then the payments cease, but this does not apply for cohabitation.

How can Expert Family Law assist?

Our team of leading family law specialists have many years of experience and expertise so you can have peace of mind that your legal matters will be dealt with professionally and with empathy. They will guide you through the legal process, helping you to make the difficult decisions in an understanding manner.

We can answer any queries surrounding new partners affecting child support, UK, ensuring you receive the most appropriate legal advice.

Each solicitor we work with is highly experienced and authorised. They are also regulated by the Solicitors Regulation Authority (SRA) and registered in England and Wales.

Get in touch with our family law team today using the form at the top of the page to find out if a family lawyer from a law firm on our panel could help on your case surrounding a new partner affecting child support, UK. Most of the solicitors on our panel will offer a free initial consultation.

 

Services

Divorce Proceedings

Ancillary Relief

Domestic Abuse

Child arrangements

Expert Family Law

Keep up to date with the latest family law news

Newsletter