Q&As

Can a non-biological father be liable to pay child maintenance to the biological mother either by virtue of a calculation by the Child Maintenance Service or as a result of an application by the mother for financial provision under Schedule 1 to the Children Act 1989?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 10 September 2019
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The starting point with regard to a calculation sought from the Child Maintenance Service (CMS) against a named parent is that the CMS will request evidence of that parent to prove that they are not the parent. However, no Maintenance calculation will be made on the assumption that the alleged parent is a parent unless under section 26 of the Child Support Act 1991 (CSA 1991):

  1. •

    the child is habitually resident in England and Wales and the Secretary of State is satisfied that the alleged parent was married to the child’s mother at some time in the period beginning with conception and ending with birth

  2. •

    the alleged parent was registered as the father of the child

  3. •

    the alleged parent has refused

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Child maintenance definition
What does Child maintenance mean?

A payment made (usually by a parent) to the other parent for outgoings relating to a child or children. Child maintenance may be paid on a voluntary and agreed basis, via the child maintenance service (CMS) or in limited circumstances ordered by the court (also known as 'child periodical payments' or 'child support').

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