Child support and maintenance 06/28/2006


If you have been living with someone who had a child, and you accepted their child as part of your family, you may still have a responsibility towards the child even if your relationship with their parent is over.

Child support is paid only by a parent, or a person with parental responsibility, who does not live with the child. Child support is a benefit owed to the child, normally paid to the parent with whom the child lives. However, if you are living with someone who has a child, and you accept the child as part of your family, you have a duty to support the child: in Scots law, this is called aliment. The duty of aliment may continue even after your relationship with the child's parent ends.

Accepting a child as part of your family is not dependent on gaining parental rights and responsibilities (PRR). PRR can only be awarded by a sheriff's court: but a court can decide that you have accepted a child as part of your family whether or not you have ever applied for or been granted PRR for that child.


In Scotland, a non-resident parent can apply to pay child maintenance: a resident parent (or the person or authority caring for the child) can apply to have child maintenance paid: or a child over twelve can apply for child maintenance on their own behalf.

You should contact Citizens Advice Scotland, or a family law solicitor, if you need legal advice for your specific situation. The Child Support Agency (CSA) can calculate how much child maintenance should be paid. However, the CSA can only pursue a non-resident parent for child maintenance if the parent is named on the child's birth certificate or is an adoptive parent.

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