Child Maintenance, Remarriage & the Welfare of Children in Divorce

Ensuring your child’s wellbeing after separation or divorce is one of the most important legal and emotional responsibilities you’ll face as a parent.

This article explains; how child maintenance works, when and how it can be reviewed, whether remarriage affects payments, and how the court prioritises children’s welfare in family law.

We provide clear, practical legal insight into your rights and options so you can make informed decisions with confidence.

What Is Child Maintenance?

Child maintenance is regular financial support paid by one parent (the paying parent) to the other (the receiving parent) to contribute to the everyday costs of raising children after separation or divorce. It covers essentials such as food, clothing, housing, education, and other living costs.

In the UK, child maintenance can be agreed privately between parents or arranged through the government’s Child Maintenance Service (CMS). Under the Child Maintenance and Other Payments Act 2008, the CMS calculates and enforces payments if parents cannot agree on their own.

Types of Child Maintenance Arrangements

• Family-Based Agreement

Parents agree privately on the amount and frequency of payments. These arrangements can be flexible and tailored to individual circumstances but are not legally binding

• CMS Arrangements

Where agreement can’t be reached, parents can apply to the CMS for:

• Direct Pay (the paying parent transfers maintenance directly to the receiving parent)
• Collect & Pay (CMS collects and forwards payments - often used if there’s a history of non-payment)

Reviewing Child Maintenance

Even after an arrangement is in place, circumstances change. You can ask for a review of child maintenance if either parent’s financial circumstances have changed significantly, such as through a job loss, increase in income, change in number of children, or increased care responsibilities.

How often should maintenance be reviewed?

If maintenance was ordered by a family court, the Court Order usually includes a clause for yearly review, though this varies by case.

If the CMS is managing payments, reviews are not automatic, and a parent must request one based on changed circumstances.

Steps After Requesting a Review

• Provide updated financial information (e.g., payslips, self-employed accounts)
• If parents can agree to a revised amount, this can be formalised by consent
• If not, an application can be made to court for a judge to decide the new level of maintenance

Will Child Maintenance Stop if I Remarry?

A common concern for parents is whether remarriage affects their child maintenance obligations.

The simple answer is no. Remarriage does not automatically end or reduce your responsibility to pay child maintenance for children from a previous relationship. Your payment obligations continue until they cease under existing legal rules (usually when the child turns 16, or 20 if in full-time education).

However, your change in financial circumstances, including the financial impact of remarriage, could justify a review of the maintenance amount if agreed or applied for through the CMS or court.

Enforcement and Non-Payment

Child maintenance is taken seriously by law. If a parent fails to pay, the CMS can enforce payments through wage deductions, bank account orders and other enforcement orders.

In extreme cases, persistent non-payment can result in legal consequences, including court action.

A recent report highlighted that millions remain owed in unpaid maintenance, underlining the complexity many families face in enforcing support.

The Welfare of Children in Divorce: What the Law Considers

The fundamental principle in all family law cases involving children is that the child’s welfare is paramount. The courts use a legal framework (drawn from the Children Act 1989) and apply a “welfare checklist” that includes:

• the child’s physical, emotional and educational needs
• the likely effect of any change in circumstances
• the child’s age, sex and background
• any harm suffered or risk of harm
• each parent’s ability to meet the child’s needs

This approach ensures that financial settlements, housing decisions, and arrangements for care and contact are all evaluated in light of the child’s best interests.

Schedule 1 Orders (Children Act 1989)

If parties are unmarried or circumstances are complex (e.g., high income, child with a disability), a parent may apply under Schedule 1 of the Children Act 1989 for financial provision. This can include regular payments, lump sums, or transfer of property or settlement for the child’s benefit

These orders can provide additional financial support beyond standard child maintenance arrangements where this is justified.

Practical Tips for Parents

• Agree early if possible: A family-based maintenance arrangement saves time and cost.
• Keep records: Detailed financial disclosure helps if a review or court application is needed.
• Seek legal advice: Complex situations, such as remarriage, schedule 1 claims or enforcement issues, often require specialist guidance.
• Focus on the child’s needs: Courts always centre decisions on the child’s welfare.

How Can Hegarty Help?

Navigating child maintenance and family law after separation can seem overwhelming, but understanding your rights and obligations is key.

Whether you’re pursuing an initial agreement, considering a review due to changed circumstances, or balancing maintenance with remarriage, the law provides clear routes to protect your child’s best interests.

If you need tailored legal advice or support with maintenance, enforcement, or welfare applications, our experienced family law solicitors are here to help.