Child Aliment (Child Maintenance)

Child aliment, often called child maintenance, is regular financial support that helps with the day-to-day costs of raising a child. It’s usually paid by the parent who doesn’t live with the child to the parent who does, but in some cases, it can be paid directly to the child by both parents.

In Scotland, parents are legally responsible for supporting their child until they turn 18, or up to age 25 if the child is still in full-time education or training.

In many cases, parents can agree on the amount of maintenance together. This can be kept informal or written up in a legal document called a Minute of Agreement, providing clarity and peace of mind to all parties.  

If you're unable to reach an agreement, an application can be made to the Child Maintenance Service (CMS) or, in some cases, to the court to decide what level of support should be paid.

The Child Maintenance Service

The CMS generally has exclusive powers in issues relating to child maintenance where a child is under the age of 16 and both parents and the child live in the UK. The CMS will continue to have powers to deal with matters whilst the child is under 20 years old if that child is undertaking non-advanced education or training.

The CMS calculates child maintenance payments according to a mathematical formula based upon the non-resident parent’s gross annual income and other factors, including the number of children for which maintenance is being paid, the number of children in the non-resident parent’s household and the number of nights the child or children spend with the non-resident parent.

Once an assessment has been made, the non-resident parent can pay the assessed amount to the resident parent, or the CMS can manage the collection and payment of money.

If the non-resident parent’s gross weekly income is more than £3,000 per week, the resident parent can apply to the Court for “top up” maintenance. This can be contested by the non-resident parent.

The Court

In certain cases, for example, if a parent is living or working abroad, the CMS may not have power to deal with payment of financial support for children, in which case the matter may have to be decided by a Scottish court.

In these cases, no mathematical formula applies and the Court consider the needs and resources of the child and both parents, their respective earning capacities and all the circumstances of the case.

It is important to take early advice about your entitlement to claim or your obligation to pay child aliment or maintenance.