If a child has been placed in foster care or with a family member under an interim care order, final care order or with the consent of parents under section 20 Children Act 1989 this means that the child will be classed as a “looked after” child. Consequently, the local authority involved will have certain responsibilities and duties towards that child.
There are some scenarios where a child could be removed from one parent’s care and the other parent doesn’t find out immediately in circumstances when the absent parent has not seen the child for a long time, lives in another country or they may have distanced themselves due to their own personal circumstances.
Scenario
Imagine a situation where Parent A has an abusive new partner so it is not safe for the child to remain living there and Parent B is unable to look after the child because they are already caring for an elderly relative. The child may be removed by the local authority and Parent B may question whether they still need to be paying child maintenance and if so, to who?
If you a parent paying child maintenance to the other parent and you are informed that the child has been taken into the care of the local authority, then this could impact the amount of child maintenance that is to be paid and whether you need to pay anything at all. The Child Maintenance Service reduce the amount the paying parent must pay if the local authority places the child in care for at least 52 nights a year. If the child has been in care for less than 52 nights in one year, then you will still need to pay the full amount. The social worker is able to help you ensure that the payment is sent on to the new carer rather than the usual resident parent which is only fair as they will be the person meeting the child’s day to day needs. If a child has been in the care of the local authority for over 263 days per year then you no longer need to pay any child maintenance at all.
The government website page about Child Maintenance provides a helpful table of how much you should be paying depending on how long your child has been in local authority care which is extracted below:-
| Number of nights of local authority overnight care each year | Reduction to child maintenance (for each qualifying child with overnight care) |
|---|---|
| 52 to 103 nights | 1/7th |
| 104 to 155 nights | 2/7ths |
| 156 to 207 nights | 3/7ths |
| 208 to 259 nights | 4/7ths |
| 260 to 262 nights | 5/7ths |
*How your child’s living arrangements affect child maintenance - GOV.UK*
Changes to Child’s Living Arrangements
The Child Maintenance Service must be alerted to any changes in the child’s living arrangements and the child’s social worker should be informed if you are paying or receiving maintenance for a child who is now in the care of the local authority.
Next Steps...
If you require any further information or advice, please feel free to contact us on 0800 011 6666. Alternatively, you can also find out further information in relation to our services on our family law page or email us at legal@timms-law.com.
