Best Child Support Lawyers in Aberdeen

About Child Support Law in Aberdeen, United Kingdom

In Aberdeen and across Scotland, child support is usually called child maintenance. It is the regular financial support one parent pays to the other for a child who does not live with them all the time. Most child maintenance cases in Scotland are handled by the UK Child Maintenance Service, often called the CMS, which sets and collects payments based on rules that apply across Great Britain. Local Scottish family law still matters, especially for private agreements and court orders known as aliment in specific circumstances. Aberdeen cases can involve the local Sheriff Court for certain orders, and Scottish enforcement processes can be carried out by sheriff officers.

Parents can sort maintenance in three main ways. A family-based agreement is a private arrangement that parents agree themselves. CMS Direct Pay is where the CMS calculates the amount but parents transfer the money directly. CMS Collect and Pay is where the CMS collects the money and passes it on, and collection charges apply. The right option depends on safety, cooperation, and how complex the finances are.

Why You May Need a Lawyer

Legal advice can be very helpful when income is complex, for example where a parent is self-employed, a company director, or has income from dividends, rental property, investments, or valuable assets. A lawyer can advise on asking the CMS to consider unearned income or assets through a variation, or on challenging a calculation that seems wrong.

Parents often need help when working out shared care arrangements, deciding how many nights the child stays with each parent, and understanding how that affects the calculation. A lawyer can help you record arrangements safely and clearly, which reduces disputes and helps ensure the CMS applies the right shared care reduction.

Where one parent is not paying, or arrears are building up, you may need advice on CMS enforcement or Scottish enforcement processes known as diligence. In Scotland, this can include earnings arrestment or bank arrestment carried out by sheriff officers, following the correct legal steps.

Some families prefer or need a binding private agreement. In Scotland, a solicitor can draft a Minute of Agreement setting out child maintenance and related arrangements. Once registered for preservation and execution, it becomes directly enforceable and can avoid the need for repeated disputes.

Courts in Scotland can still make child aliment orders in certain limited situations, for example where the CMS has no jurisdiction because the paying parent is abroad in a non-reciprocating country. A lawyer can confirm whether a court order is possible or whether you must use the CMS.

Older children in Scotland can have different rights. A young person aged 18 to 25 who is reasonably undergoing education or training may be able to claim aliment from a parent in the Scottish courts. Legal advice helps to assess this and prepare any application.

If there has been domestic abuse, a lawyer can help you use safer options such as CMS Collect and Pay so there is no direct contact over money, and can coordinate with other safety measures.

If you disagree with a CMS decision, a lawyer can help you ask for a Mandatory Reconsideration and, if needed, appeal to the First-tier Tribunal for Social Security and Child Support.

Local Laws Overview

The CMS operates under UK legislation such as the Child Support Act 1991 and later regulations. It uses HMRC income data to set maintenance and applies rules that are the same in Aberdeen as elsewhere in Great Britain. The basic rate is a percentage of the paying parent’s gross weekly income, with headline percentages typically 12 percent for one child, 16 percent for two, and 19 percent for three or more, adjusted for relevant factors like shared care and other children in the paying parent’s household. Lower income bands and certain benefits can trigger special rates, and there is a separate reduced rate for modest earnings.

Shared care reduces maintenance based on the number of nights a child stays with the paying parent each year. The CMS applies fixed bands measured in nights and reduces the calculation by set fractions. At the highest level of shared care, maintenance can be halved and a further small deduction may apply. Accurate records of overnight care are important.

Variations can be requested if the default calculation misses relevant income or expenses. Examples include significant unearned income, diversion of income through a business, or special expenses such as travel to maintain contact or costs arising from a child’s disability. Evidence is required and decisions can be reconsidered and appealed.

In Scotland, private agreements can be formalised in a Minute of Agreement. If registered in the Books of Council and Session or at the Sheriff Court, it becomes enforceable without a new court case. The Scottish courts can make orders for child aliment in certain circumstances where the CMS is not available, and a young person aged 18 to 25 in education can raise a court claim for aliment under the Family Law Scotland Act 1985.

Enforcement in Scotland uses diligence. After the correct legal steps, arrears can be recovered through earnings arrestment, bank arrestment, inhibition on heritable property, and other measures carried out by sheriff officers. The CMS also has nationwide powers to take deductions from earnings or bank accounts and to seek court orders for persistent arrears. Which route applies depends on where the case sits and what orders exist.

Maintenance usually lasts until a child turns 16, or up to 20 if they are in full-time non-advanced education such as Highers or equivalent. Scottish aliment claims by older young people are separate and may extend to age 25 while in education or training, subject to the court’s view on reasonableness.

Frequently Asked Questions

What is the difference between child support and child maintenance in Aberdeen

The terms are often used interchangeably. In UK law it is generally called child maintenance. The CMS handles most cases in Scotland, including Aberdeen. Scottish family law still matters for private agreements and in limited court situations called aliment.

How does the CMS calculate maintenance

The CMS uses the paying parent’s gross weekly income from HMRC, applies percentage rates that depend on the number of children, and adjusts for factors like shared care and other children living with the paying parent. It reviews income periodically and can consider variations where income or circumstances are not captured by the standard rules.

How does shared care affect the amount

Shared care reduces the amount by fixed fractions based on the number of overnight stays per year. Keep clear records of overnight care, such as calendars and messages that show agreed schedules, so the correct band is applied.

Can we make our own private agreement

Yes. Many parents agree a family-based arrangement. In Scotland, you can ask a solicitor to draft a Minute of Agreement. If registered, it becomes enforceable. You can also switch to the CMS later if the private arrangement breaks down.

What if the paying parent is self-employed or a company director

CMS can still calculate maintenance using HMRC data. If you believe income is being understated or diverted, you can seek a variation so the CMS includes unearned income or looks at diversion of income. Legal advice is useful for preparing evidence.

How long do payments last

Payments usually continue until the child is 16, or up to 20 if they are in full-time non-advanced education. Separately, in Scotland a young person aged 18 to 25 in education or training may be able to claim aliment from a parent through the courts.

What happens if the other parent will not pay

If you use CMS Collect and Pay, the CMS can enforce by deducting from earnings or bank accounts and by seeking court-backed enforcement. In Scotland, enforcement can also proceed through diligence such as earnings arrestment or bank arrestment carried out by sheriff officers.

Are there fees or charges

CMS Collect and Pay adds a collection charge for the paying parent and deducts a small charge from the receiving parent. Fees and exemptions can change, so check the current CMS position. Direct Pay and private agreements do not have CMS collection charges.

Can I challenge a CMS decision

Yes. First ask for a Mandatory Reconsideration within the stated time limit. If you still disagree, you can appeal to the First-tier Tribunal for Social Security and Child Support. A lawyer can help with deadlines, evidence, and representation.

Does child maintenance affect benefits or tax

Child maintenance you receive is generally ignored for most means-tested benefits. The paying parent does not usually get tax relief for payments. Get tailored advice if you are unsure how maintenance interacts with your benefits or tax position.

Additional Resources

Child Maintenance Service - the UK government body that calculates, collects, and enforces child maintenance.

Aberdeen Sheriff Court - local court for family cases and registration or enforcement of certain Scottish agreements and orders.

Scottish Courts and Tribunals Service - information about Scottish court processes, including aliment claims and enforcement.

Scottish Legal Aid Board - information on eligibility for civil legal aid in Scotland.

Citizens Advice Scotland and Aberdeen Citizens Advice Bureau - independent guidance on child maintenance, money, and family issues.

Scottish Child Law Centre - free legal information for children, young people, and families in Scotland.

Clan Childlaw - Scottish organisation focused on children and young people’s rights and legal support.

Relationships Scotland - family mediation services that can help parents agree on arrangements.

Shared Parenting Scotland - support and information for separated parents on parenting arrangements.

Aberdeen City Council services - local support related to family wellbeing, money advice, and safeguarding.

Next Steps

Gather key information. Note the child’s details, both parents’ contact information, current care pattern by nights, and the paying parent’s income sources. Keep copies of wage slips, tax returns, or business accounts if available.

Decide on the route. If you can communicate safely, consider a family-based agreement. If you want an official calculation, apply to the CMS. If you need to avoid direct contact or expect non-payment, ask for Collect and Pay.

Record care arrangements. Keep a clear written schedule and a simple log of overnight stays. This helps ensure the correct shared care band is applied and reduces disputes.

Seek legal advice early. A Scottish family lawyer in Aberdeen can explain CMS rules, prepare a Minute of Agreement, advise on variations and appeals, and guide you on Scottish enforcement options and aliment claims for older young people.

Address safety. If there has been domestic abuse or controlling behaviour, tell the CMS and your solicitor. You can use safer contact methods and request arrangements that avoid direct interaction.

Review and adapt. Maintenance should change when income or care patterns change. Notify the CMS promptly if there is a significant change, or revisit your private agreement with your solicitor.

This guide is general information, not legal advice. For tailored guidance on child support in Aberdeen, speak to a Scottish family law solicitor or a reputable advice agency.