Child Maintenance and Coronavirus – What Are The Implications?

As more and more jobs and businesses are being impacted as a result of Coronavirus, both payers and receivers of child maintenance will no doubt be equally worried about their financial commitments. Understanding, communication and transparency will be essential in trying to work together for the benefit of your children.

You may find that your former partner stops paying child maintenance to you, or your income may have decreased significantly meaning you are no longer to pay the child maintenance you are required to.

If you continue to receive your full income, you should anticipate that your former partner will expect to continue to receive child maintenance payments in full. If you are unable to make your payments, the steps you should take depend on your circumstances.

If you and the other parent have been dealing with child maintenance on the basis of an agreement reached between you, the first step should be to try and agree a compromise. Sharing information about your income and how this has been impacted is likely to be helpful. If you are able to reach a temporary change to the agreement, then you should ensure you have a clear record of all correspondence in writing.

If there is an existing arrangement with the Child Maintenance Service (CMS), or if you and the other parent cannot agree changes to your agreement on child maintenance, then you should contact CMS as soon as possible if your income changes. CMS will be able to reassess your liability for child maintenance if appropriate. You will need to be able to produce evidence of your current income and ask that CMS carries out their assessment on this basis, as opposed to your previous earnings.

If you are paying child maintenance in accordance with a court order that is less than 12 months old, you will be in breach of the order if you stop paying. You should ideally apply to the court for a downwards variation of the maintenance due to your change in circumstances. If you stop paying without the agreement of your former partner and do not apply for a variation, it is possible that enforcement proceedings will be started. If arears accrue in circumstances which are entirely genuine and unavoidable, the court can clear some or all of any arrears but this will depend on the circumstances of the case.

Some tips to consider when dealing with child maintenance issues are:

• Be transparent and share information which is likely to help understanding.
• Keep communicating with one another.
• Understand that these are difficult and uncertain times, and that you are both worried about the evolving situation.
• Act and react quickly where you need to.
• Pay what you can if your income has reduced but you can still afford something.
• If you cannot reach an agreement, consider finding a mediator who can conduct remote mediations to help try to resolve the issue.
• Take legal advice as to how you might be able to resolve matters, with or without need for a court application.
• Be aware that if you make an application and it is clear that maintenance is not affordable, there is a risk of a costs order being made.
• If you do find yourself in the situation of needing to apply to CMS in respect of child maintenance or needing to apply to the court for the variation or enforcement of an existing order, it will be important that you take legal advice as soon as possible. The courts are doing what they can to issue new applications and conduct hearings via telephone or video, but their resources are understandably limited.

Written by Anna Woodhoo at Thomson Snell & Passmore. Visit www.ts-p.co.uk for further information.

PHOTO CREDIT: keepingtime_ca/Flickr

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