Child maintenance
Both parents have a legal duty to maintain their child according to their means, whether or not they were ever married to each other. If a parent does not provide adequate financial support, the other parent (or guardian) can apply to court for a maintenance order. The Family Law (Maintenance of Spouses and Children) Act 1976 is the main law, and the position of children whose parents were not married is protected by the Status of Children Act 1987 and the Children and Family Relationships Act 2015.
Key facts
What to do
- Try first to agree maintenance directly or with the help of mediation (for example the Family Mediation Service), and record any agreement.
- If agreement is not possible, apply to the District Court for a maintenance order (higher amounts can be dealt with in the Circuit Court).
- Gather evidence of the child's needs and both parents' income and outgoings – the court assesses what is reasonable based on means.
- If paternity or parentage is disputed, this may need to be resolved (for example by declaration or DNA evidence) before or alongside the maintenance application.
- Attend the court hearing; the court can set a regular maintenance amount and, in some cases, lump sums for specific needs.
- If an existing order is not being paid, you can apply to enforce it, including by attachment of earnings.
- Ask for the amount to be reviewed if either parent's circumstances change significantly.
What to watch out for
- Informal agreements are harder to enforce than a court order – consider having any agreement made a rule of court.
- Maintenance is assessed on means, so the amount depends on income and the child's needs, not a fixed formula.
- Non-payment can be enforced, but recovery still depends on the paying parent having income or assets.
- Where parentage is disputed, the process can take longer while that issue is resolved.
Legal basis
Frequently asked questions
Do unmarried parents have the same duty to pay?
Yes. The duty to maintain a child does not depend on the parents having been married. A child's right to support is protected regardless of the parents' marital status.
How is the amount decided?
There is no fixed formula. The court looks at the child's needs and each parent's income, assets, and reasonable outgoings, and sets an amount it considers fair in the circumstances.
What if the order is not paid?
You can apply to enforce a maintenance order, including through an attachment of earnings order that deducts maintenance directly from the paying parent's wages.