What UK law really says about maintaining children

A common misconception about child maintenance is that it’s used to fund a former partner’s lifestyle. In reality, the law in England and Wales takes a very different approach, one that focuses entirely on the child’s needs and wellbeing.

Not “a bigger house for the ex” – but a home for the child

When it comes to finances about children, the law prioritises one thing: the welfare of the child. This includes ensuring that the child has a safe, stable, and appropriate home environment.

In certain situations, the court can make an order that allows the parent with care of the child to remain in a property or even for a property to be acquired for that purpose. However, these arrangements are usually time-limited, typically ending when the child reaches adulthood, such as after finishing full-time education.

So, while it may appear that the receiving parent is living in a larger or more comfortable property, these arrangements are often temporary and are made for the benefit of the child, not to provide a financial advantage to the other parent.

How child maintenance is calculated

For most separated families, child maintenance is managed through the Child Maintenance Service (CMS), which calculates payments based on:

• The gross weekly income of the paying parent
• The number of children involved
• How many nights the child spends with each parent

Common misconceptions

“The money just goes to my ex.”
Child maintenance is legally intended to meet the child’s needs—such as food, clothing, housing, education, and other essentials. But it is paid to the child’s main carer.

“My ex is profiting from this.”
If a property arrangement is made, it is often temporary and frequently tied  to the child’s upbringing. The property generally reverts to the paying parent once the child becomes an adult.

“I don’t know where the money is going.”
The law doesn’t require the receiving parent to provide a breakdown of spending. The assumption is that the maintenance supports the household where the child lives, which in turn benefits the child.

Final thoughts

While it’s easy to fall into the belief that finances about children unfairly benefits the parent with the largest proportion of care, UK law is structured to ensure that children receive the support they need to grow up in a safe and stable environment. Payments and property orders are not about enriching one parent, they are about putting the child’s wellbeing first.

Vicky Medd, Head of Family – Huddersfield