Will child maintenance payments stop if I remarry?

The answer is no. When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”). Should the “receiving parent” remarry, their spouse’s income will not be used in any child maintenance calculations, as payment of child maintenance is a legal obligation of the absent parent (”paying parent”). The reason for this is that your new husband or wife wouldn’t be expected legally to provide financial support for children that are not his or hers. There are however certain occasions when a change in circumstances should be notified to the Child Maintenance Service by the “receiving parent”. Some of these are:-

• if there is a change in the number of children living with you that you get child maintenance for.
• a change in the number of nights a child regularly stays overnight with the “paying parent”.
• a child you get child maintenance for leaves full-time education (up to and including A-Level) or reaches the age of 19.

Our team of family lawyers can offer support and advice on a variety of issues affecting families and children.