top of page

How to Resolve a Child Maintenance Dispute Through Mediation: A Complete Guide

Writer's picture: Online MediationOnline Mediation

If you find yourself in a child maintenance dispute, you’re not alone. Resolving these disputes can be challenging, but child maintenance mediation offers a practical solution. In this guide, we'll explore everything you need to know about child maintenance mediation, how to agree on child maintenance payments, and how the system works to ensure the best interests of your children. This guide draws on the authoritative 2024 guide produced by reasearchers at the House of Commons library and linked to below.


What is Child Maintenance?


Child maintenance is a financial arrangement between separated parents. The non-resident parent, who does not live with the child, is required to provide financial support to the person who has primary care of the child. This support ensures that the child's needs are met, including housing, food, clothing, and education costs.


Common Reasons for Child Maintenance Disputes


Disputes can arise when:

  • The amount of child maintenance is disputed.

  • One parent feels the payments are unfair or not based on accurate financial information.

  • Changes in financial circumstances occur, such as job loss or increased income.

  • Disagreements on additional expenses, like medical care, school fees, activities and trips.


Child Maintenance Mediation: A Solution for Disputes


Mediation is an alternative dispute resolution process where an independent mediator helps both parents reach an agreement on child maintenance. It’s voluntary and can be used to avoid lengthy and costly court proceedings.


Key Benefits of Child Maintenance Mediation:

  • Cost-effective: Mediation is cheaper than going to court.

  • Faster resolution: Agreements can often be reached more quickly than through legal battles.

  • Flexible solutions: Mediation allows for tailored solutions that fit your family’s unique needs.

  • Improves communication: It fosters better co-parenting relationships, benefiting your child in the long run.


How to Agree on Child Maintenance


When entering child maintenance mediation, here are steps to help you agree on a fair arrangement:

  1. Understand your legal responsibilities: Both parents must contribute to their child's upbringing. The Child Maintenance Service (CMS) can calculate the amount based on the paying parent’s income. If you agree on an amount during mediation, you can avoid involving the CMS.

  2. Prepare and share financial information: Transparency and trust are crucial. In mediation, it can be helpful to share documents like pay slips, tax returns, and details of any additional income.

  3. Consider the child’s needs: a Family Mediator will assist to consider all needs and views, for example housing, education, any medical costs, extracurricular activities, and school trips.

  4. Documenting your agreement: your Family Mediator will assist in documenting your agreement in a formal document, should you wish. The documents can also cover potential changes in financial circumstances and how to handle unexpected expenses. Having a written plan in place often helps avoid future disputes.


What Happens if Mediation Fails?


If mediation does not result in an agreement, either parent can apply to the Child Maintenance Service (CMS) for a statutory arrangement. The CMS will assess the paying parent’s income and determine the appropriate amount to be paid. In some cases, the CMS will review income annually or make changes if one parent’s financial situation significantly changes.


Conclusion

Child maintenance disputes can be stressful, but mediation provides an effective, less contentious way to resolve disagreements. By preparing financial information, understanding your responsibilities, and focusing on your child’s best interests, you can reach a fair agreement that benefits everyone. If mediation isn't successful, the CMS offers a formal route to ensure that your child receives the support they need.


To start mediation, book an individual consultation meeting with an expert Family Mediator:




If you have any questions or wish to book over the phone, contact us today:




References and further information:

This guide draws on the recent and authorative 2024 guide produced by reasearchers at the House of Commons library, available for free online:


The Department for Work and Pensions (DWP) guide 'How we work out child maintenance: a step-by-step guide' is another useful and detailed resource:


Full information on the Child Maintenance Service can be found on their website:


This Department for Work and Pensions (DWP) video 'Get help arranging child maintenance' briefly sets out your two options of making an agreement yourselves, including through family mediation, or using the Child Maintenance Service (CMS).



bottom of page