Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“What I spend on my yearly subscription, equals to a day's billable hours for me not to mention time efficiency and peace of mind.”

Jai Stern

Access all documents on Paying parent

Paying parent meaning

Published by a LexisNexis Family expert
What does Paying parent mean?
In practice, the paying parent is the parent who does not have the child’s main day-to-day care and who pays child maintenance to the other parent or carer, whether under a statutory calculation, a court order or a private agreement. The term is widely used across private children cases and child maintenance matters. In England & Wales and Scotland, legislation for statutory child support uses the term non-resident parent (Child Support Act 1991 and associated regulations), while the Child Maintenance Service (CMS) uses paying parent/receiving parent as plain‑English equivalents. Northern Ireland operates parallel legislation using non-resident parent. In Ireland, there is no CMS; maintenance is determined under the Family Law Acts, and paying parent is a descriptive expression (alternatively, maintenance payer). Key features include liability determined by income and the pattern of care. Under the CMS schemes, shared care (measured mainly by overnight stays) reduces liability and, if care is equal, no paying parent is identified. The label is important for assessment, collection and enforcement (for example, deductions from earnings, liability orders and ancillary enforcement). absent parent is an older term and generally avoided; non-resident parent remains the applicable statutory label in Great Britain and Northern Ireland. Usage is otherwise broadly consistent...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Paying parent

NEWS
English Commercial Court: US secondary sanctions risk triggered contractual ‘mandatory law’ clause, excusing Cynergy from paying interest to Lamesa (Lamesa Investments v Cynergy Bank)

Lamesa Investments Ltd v Cynergy Bank Ltd [2019] EWHC 1877 (Comm) What did the court decide? Judge Mark Pelling held that Cynergy Bank was entitled to rely on a provision in its agreement with Lamesa Investments that allowed it to withhold payments without falling into default if any law, regulation or court order prevented the transfer of the sums. At the core of the dispute was a £30m loan that Cynergy Bank, then known as Bank of Cyprus UK, obtained from Lamesa Investments in December 2017, under which interest was contractually due to Lamesa Investments twice a year. The ruling records that in April 2018 the US Department of the Treasury Office for Foreign Assets Control placed Viktor Vekselberg (Vekselberg), the owner of Lamesa Investments’ parent company, on its list of 'specially designated nationals' as part of a drive against Russian oligarchs and their companies. The sanctions barred US citizens from dealing with Vekselberg, and, as a consequence of his indirect ownership, Lamesa Investments then became a 'blocked person',...

Read More Right Arrow
NEWS
Member distributions during administration without liquidation: High Court approves CA 2006 capital reduction and director appointment in Re Lehman Brothers Europe Ltd; IA 1986 not exhaustive (England and Wales)

Original news Re Lehman Brothers Europe Ltd (in administration) [2017] All ER (D) 44 (Aug), [2017] EWHC 2031 (Ch). In a significant ruling, the court endorsed a plan by the joint administrators to appoint a director to LBEL, already in administration, so that surplus monies could be paid to its sole member, Lehman Brothers Holdings plc (LBH), rather than to a creditor. The proposal was found to be lawful, practical and advantageous. The application outlined a pragmatic route to unlock value for the member once unsecured debts had been met. How, then, did the administrators approach distributions to members? The principal entities were LBEL, its parent LBH, and an associated company, Lehman Brothers Limited (LBL), each in administration. After paying LBEL’s unsecured creditors 100 pence in the pound, LBEL’s administrators retained a substantial surplus. They were, however, unable to distribute that balance, in part due to an unresolved LBL claim against LBEL’s estate. A settlement of the Waterfall III proceedings was proposed. Under that compromise, LBL would withdraw its...

Read More Right Arrow
NEWS
Entain’s Turkish bribery aftermath: UK privilege-waiver dispute, £150m shareholder claim and possible CPS prosecutions, plus AUSTRAC AML action

The owner of gambling giants Ladbrokes and Coral The parent of two of the UK’s biggest names in the field reported stronger full-year figures on 6 March 2025 as losses narrowed. Twelve months earlier it had posted heavy losses, largely the consequence of the £615m deferred prosecution agreement (DPA) reached with the UK’s tax authority in December 2023. Entain, formerly called GVC, avoided prosecution by paying to settle allegations that it failed to put adequate procedures in place to prevent bribery at Turkish company Sportingbet, which it owned from 2011 to 2017. In the days following the settlement, Jette Nygaard-Andersen resigned as Entain’s chief executive. The group weathered the initial turmoil, yet moving on may prove difficult, with issues linked to the episode still looming large. In August 2024, UK law firm Fox Williams filed a £150m claim against the company on behalf of shareholders...

Read More Right Arrow

View the related Practice Notes about Paying parent

PRACTICE NOTES
Statutory Adoption Pay in Great Britain: Eligibility, notice and evidence, calculation, duration, liability (incl. multiple employers), disrupted placements, recoupment, and interaction with contractual pay, surrogacy and overseas adoptions

This Practice Note considers statutory adoption pay (SAP) and contractual adoption payments. It also examines eligibility criteria, the meaning of employed earner, the duration of entitlement, notice obligations, the evidence required, the length of time SAP is payable, rates of pay, and liability, including where an individual has more than one employer. It addresses outcomes where a child dies or a placement breaks down, circumstances in which SAP is not due, record-keeping duties, and how recoupment operates. Finally, it explores how contractual sick pay interacts with SAP, adoptions from outside the UK, and contracting out. A parent taking adoption leave (see Practice Note: Adoption leave) may qualify for SAP for part of that leave. They may receive payment for time off to attend adoption appointments (see Practice Note: Time off work for adoption appointments). Where a child is placed for adoption, the adopter and a second person—who must be the adopter’s spouse, civil partner, or partner—may, if they choose, share up to 37 of the 39 weeks of pay...

Read More Right Arrow
PRACTICE NOTES
Statutory child maintenance via the Child Maintenance Service: eligibility, applications, calculation formula, shared care and income variations

This Practice Note outlines the jurisdiction and criteria for securing child maintenance under the statutory regime run by the Secretary of State for Work and Pensions, operating through the Child Maintenance Service (CMS), a division of the Department for Work and Pensions (DWP). It further explains the process for obtaining a maintenance calculation, the applicable eligibility criteria, and the relevant formulae used by the CMS. For consistency, the expression non-resident parent (NRP) refers to the paying (or potentially paying) parent, while person with care (PWC) refers to the individual (not always a parent) who receives (or may receive) child support maintenance under the statutory scheme. Introduction The Child Maintenance and Other Payments Act 2008 (CMOPA 2008) amended the Child Support Act 1991 (CSA 1991), creating the third child support scheme, which was rolled out to all new applications on 25 November 2013. After the closure of the Child Support Agency in 2018, thereafter every application has been handled by the CMS and processed within that system...

Read More Right Arrow
PRACTICE NOTES
UK Parent of a Child Student route: eligibility, financial requirement, conditions, dependants, application procedure, refusals and 2024 updates

The Parent of a Child Student route Under the Immigration Rules, Appendix Child Student, the Parent of a Child Student route allows a parent to travel with, or later join, a child who either already holds, or is concurrently seeking, Child Student permission as defined there. The child must be between four and 11 years old and enrolled at an independent, fee‑paying school in the UK, which cannot be a state school or academy anywhere. This immigration route permits only one parent of the child to be present in the UK. Introduced on 24 April 2015, it replaced the ‘parent of a child at school’ route and at that time was titled ‘Parent of a Tier 4 (Child)’. From 5 October 2020, in line with the replacement of the Tier 4 (Child) category, it adopted the name Parent of a Child Student for this route...

Read More Right Arrow

View the related Q&As about Paying parent

Q&As
Is child maintenance ever linked to contact where PWC prevents it?

The statutory formula for child maintenance under the Child Support Act 1991 (CSA 1991) The statutory formula for child maintenance under the Child Support Act 1991 (CSA 1991) does not link the amount payable to whether the paying parent has contact with the children, other than insofar as the shared care rules operate. Under CSA 1991, s 3(5), it is recognised that, for the purposes of the Act, there can be more than one person with care in relation to the same qualifying child. The Child Support Maintenance Calculation Regulations 2012, SI 2012/2677, reg 46(2), further provide that any calculation must be grounded in the number of nights the non-resident parent is expected to care for the qualifying child overnight during the 12 months commencing on the effective date of the relevant calculation decision. The Child Maintenance Service (CMS) retains a discretion to take into account a shorter timeframe where appropriate in making that assessment...

Read More Right Arrow