Child Maintenance Payments and Special Guardians

Hi everyone,

This is my first time posting here. I know this isn’t strictly a benefits question, but after thoroughly reviewing the Children’s Act and the Child Support Act, I’m still unclear about something.

A carer I am advising is caring for a relative’s child under a Special Guardianship Order. Both she and her husband are named on the order, and the parents are still alive. The carer has since separated from her partner and is now pursuing him for child maintenance. He remains named on the order.

From my understanding, only biological parents can be mandated to pay child maintenance. However, the carer believes this is incorrect. Child Maintenance Team have also said carers ex does not have liability, however, the carer provided me with the information below, which is from the CAB website.

Child maintenance must be paid if you:

• Are the child’s biological or adoptive parent
• Don’t live with the child as part of their family
• Are the child’s legal parent

My interpretation of ‘legal parent’ includes biological parents, adoptive parents, or those assigned parental responsibility through legal means.

Can anyone confirm? If so, could you please direct me to the specific section in the regulation or Act? I feel like I’m going around in circles.

Thank you!

Is the reason no one has responded to this enquiry because it’s not strictly about benefits? I’ve noticed many people have viewed it, but there are no replies. Many thanks.

I don’t know that its a subject that any of the regulars are particular experts on. As you say, it is not a benefit issue.

Certainly what you are saying sounds like it must be correct. A special guardian is not a ‘parent’, so if the target of the application must be a ‘parent’ then that does not include a special guardian.

The CMS Decision Makers Guide explains:

05056 A person does not have to be a parent to be a person with care and receive child maintenance. But only parents have a statutory duty to support their children and are potentially liable to pay child maintenance.
1 CS Act 1991, s 54

05057 Being a parent is not the same thing as having parental responsibility. A person may have parental responsibility for a child under a court order or a residence order, but this does not make them a parent of that child.

05058 A parent is a person who is legally the mother or father of a child. This includes
1. a biological parent (unless the child has been adopted
2. a parent by adoption
3. a parent under a parental order (used in surrogacy cases).

And particularly pertinent:

05081 If guardianship is awarded to a couple who subsequently separate, but one of them retains care of the child(ren), they cannot make a claim for maintenance against the other (now former) guardian. Any claim would need to be made or continue against the biological parent(s)

https://assets.publishing.service.gov.uk/media/65fda235f1d3a0001d32ae60/volume-1-basic-principles-chapters-3-to-16.pdf

Dear Elliot,

Thank you very much for your prompt reply. I truly appreciate it.

Also, thank you for clearly outlining the information and sharing the link where you found it. I knew there must have been missing details from what the carer provided me, but I couldn’t locate the specifics, particularly regarding the term “the child’s legal parent” in the context of surrogacy.

Thanks again, you’ve made my morning. This was driving me crazy yesterday!

Hope you have a lovely weekend! :)