Can I Stop Paying Child Maintenance if My Ex Stops Me Seeing the Kids?

Sometimes parents agree on private arrangements between themselves for child maintenance. 

Otherwise, you can carry out an assessment with the Child Maintenance Service online. The rate of child maintenance liable to be paid, assessed by the Child Maintenance Service, will be determined based on the gross income of the paying parent and will take into account the number of nights that child spends with them, as well as considering the number of other children living with them.  

It is commonly misunderstood that child contact and child maintenance are linked, and a parent who is refused contact with their child may consider that they do not need to pay child maintenance for a child they are not able to see. 

Equally, if a parent is not paying child maintenance that they are liable to pay, the parent with whom the children live may feel that they should have less contact with the child on the basis they are refusing to pay.  

Under the law of England and Wales, if you are liable to pay child maintenance, this liability remains even if you cannot see your child. 

If you cannot agree on contact arrangements with your ex-partner, you may need to apply to the Court for a Child Arrangements Order.

A Child Arrangements Order decides the arrangements for whom a child is to live with, spend time with or otherwise have contact with and where a child is to live, spend time or otherwise have contact with any person. Before making an application to the Court, parents must consider attending a mediation service to discuss the arrangements for their children.