Child Maintenance Solicitors in Scotland
Ensuring your child’s financial needs are properly provided for is one of the most important aspects of separation. Our experienced solicitors can help you reach a fair and workable arrangement.
- Specialists in Scottish family law and divorce
- Fixed-fee consultations from £250+VAT
- Book a consultation today and take the first step towards your future
Separate the day-to-day maintenance question from the wider arrangements for your child.
Both parents are responsible for supporting their children financially, whether or not they were married and regardless of the contact arrangements. Child maintenance is normally dealt with separately from residence and contact, and withholding one is not a lawful response to a dispute about the other.
Many families use a private arrangement. Where that is not possible, the Child Maintenance Service can calculate liability under a statutory formula. Scottish aliment law can also be relevant, particularly for educational support outside the ordinary CMS age limits.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
How Do We Help With Child Maintenance?
At Kee Solicitors, we provide practical advice on child maintenance arrangements in Scotland. Whether you are looking to agree a figure directly with the other parent or need help navigating a formal assessment, our team is here to ensure your child’s financial needs are properly provided for.
Private agreements, CMS assessments and support for older children.
A private arrangement can be flexible and can address regular payments, school costs, childcare, activities and other agreed expenses. We can help negotiate and record the terms in a Minute of Agreement. Before relying on an agreement as a long-term solution, the interaction with the statutory CMS scheme and the available enforcement route should be understood.
The CMS generally calculates maintenance by reference to the paying parent’s gross weekly income, the number of qualifying children, relevant other children and shared-care nights. It normally applies while a child is under 16, or under 20 and in approved education or training. The CMS also has collection and enforcement powers where payments are not made.
Scots law separately recognises an obligation of aliment towards a person under 25 who is reasonably and appropriately undergoing education or training. This is not simply an extension of every CMS assessment to age 25. Depending on age and circumstances, the young person may need to pursue the claim directly.
We advise on the correct route, variations, arrears, private agreements and how child maintenance fits with the wider financial settlement.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Child Maintenance in Scotland
Common questions about child maintenance arrangements in Scotland.
How is child maintenance calculated in Scotland?
Where the CMS is involved, maintenance is calculated using a statutory formula based on the paying parent’s gross weekly income. Private agreements can be reached on any terms both parties consider fair.
Can child maintenance be included in a minute of agreement?
Yes. Child maintenance provisions can be included in a minute of agreement. However, child-related provisions remain subject to variation by the court in the interests of the child.
What happens if the paying parent refuses to pay?
If a private agreement is being breached, you may need to enforce it through the courts or apply to the CMS for assessment and enforcement action, including deductions from earnings.
Does child maintenance continue if the child goes to university?
The legal obligation to pay child maintenance continues until the child reaches the age of 25 if they are in full-time education. CMS arrangements typically end earlier, but private agreements can provide for support beyond this.
Can maintenance be changed if my circumstances change?
Yes. Either party can apply to vary an arrangement if there has been a material change in circumstances, such as a significant change in income or the amount of time the child spends with each parent.
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