The answer, quite simply, is yes. The law is gender neutral and does not care whether the parent looking after a child every day is male or female. Therefore, single Dads are just as entitled to child support payments as mothers – as long as they are the resident parent: the one with whom the child lives each day.
Following divorce or separation, child support is paid by the non-resident parent in order to support the upkeep of the child or children. The payment of child support is a legal requirement, but separated parents are encouraged to reach a private agreement between themselves on how much will be paid and when. This is called a family-based arrangement. Private arrangements can be straightforward and they have the advantage of helping to keep lines of communication between the parents open – something that is very definitely in the interests of their children.
The Child Maintenance Service (CMS) will only intervene if the parents cannot reach an agreement, the non-resident refuses to cooperate, or the resident parent has a good reason to not want to contact the former spouse or partner: for example, domestic violence or coercive behaviour. The resident parent must apply to the CMS for assistance, and a small fee is payable when they do.
The CMS has the authority to locate the other parent (if that is at issue), calculate a reasonable sum, and then enforce payment.
Gender-‑neutral nature of maintenance
Family law makes no distinction between mothers and fathers when it comes to entitlement to maintenance. The principle of equality between the sexes is firmly embedded in both legislation and judicial interpretation. Whether a parent is male or female, married or unmarried, the determining factors for maintenance are grounded in responsibilities toward children, the division of childcare, and the respective financial positions of the parents. For single or divorced fathers, this principle can provide a foundation for claims to either child or spousal maintenance, depending on the specific circumstances.
Parental responsibility and its importance
A father automatically acquires parental responsibility if he was married to the mother at the time of birth or if he is named on the birth certificate. If neither condition applies, he may acquire it through a parental responsibility agreement with the mother or by applying for a parental responsibility order from the court. In practice, establishing this status strengthens any maintenance-related claim, especially if there is a dispute over the child’s primary residence or financial contributions.
Child maintenance through the CMS and courts
As we briefly mentioned above, maintenance for children is usually addressed through one of three methods:
- Informal family-based arrangements
- Formalised court orders (it is unusual for the court to become involved in child maintenance issues. This tends to be reserved to high net worth cases, where things such as school fees are payable).
- Applications to the CMS. Fathers who are the primary carers for their children, whether as a result of a Child Arrangements Order or by circumstance, can seek maintenance from the mother. The CMS calculates maintenance based on a statutory formula that takes into account the non-resident parent’s gross income, the number of children involved, and the number of nights the children spend with each parent.
Shared care and financial imbalances
Where the care arrangement involves an equal division of time, the CMS may decide that no maintenance is due from either parent. However, the calculation is not purely mathematical. The CMS also looks at the actual arrangements in place, including whether there is a significant imbalance in the day-to-day costs borne by each parent.
If a father shares care but ends up covering a disproportionate share of expenses such as clothing, school equipment, extracurricular activities, or transport, he may still have grounds to request additional financial support. This can be pursued through a Schedule 1 application under the Children Act 1989, allowing the resident parent or a parent with substantial care responsibilities to seek specific financial contributions beyond the basic CMS calculation.
Spousal maintenance for divorced fathers
Child support is one of the two types of maintenance payment typically ordered by the family courts following divorce: the other is spousal maintenance. As the name suggests, these ‘periodical payments’ are made by the wealthier party in a marriage to their former spouse as form of ongoing financial support, in addition to the settlement agreed or ordered during the divorce. The law concerning payment of spousal maintenance is also gender neutral. If a wife earns more money than her husband or is simply wealthier, he may be awarded some level of spousal maintenance if there are limitations on his ability to find employment and earn a salary.
The Matrimonial Causes Act 1973 provides the legal basis for such claims, and courts will examine factors including the length of the marriage, the standard of living enjoyed during the marriage, the financial needs of each party, and their ability to earn an income. Spousal maintenance is often awarded on a time-limited basis—commonly until the youngest child reaches adulthood or the receiving party has retrained or re-entered the workforce.
Considerations for high-net-worth fathers
It is important to note that in high-net-worth families, while the courts are increasingly wary of creating lifelong dependency through spousal maintenance, they may still make substantial financial orders where one parent retains primary care responsibilities and lacks immediate earning capacity. For fathers who have exited the workforce to raise children, or whose post-divorce career options are limited, this can be a vital source of financial stability.
Do single Dads always get maintenance?
The law may be gender neutral, but of course, reality is often more complicated. Single fathers are still uncommon and many have to run the gauntlet of age-old gender stereotypes that insist looking after children on a daily basis is a mother’s job and fathers should be out there earning a salary.
Some single fathers encounter outright suspicion and confusion as they go about their day, and unfortunately, these old-fashioned attitudes can leak into the family courts. Judges and magistrates are not always as sympathetic as they could be to fathers during divorce or following separation, so if you are a single Dad, you may have to make a strong case for a maintenance award. But don’t be dissuaded by old school attitudes – if, for whatever reason, you are looking after the children every day, or if your former spouse is significantly wealthier, you are just as entitled to financial support as she would have been had the roles been reversed.
Challenges in enforcing maintenance
In practice, enforcing maintenance can be fraught with difficulties. Despite possessing a range of statutory powers, including deductions from wages, seizure of assets, and even revocation of passports and driving licences, the CMS has been widely criticised for its inefficiency and lack of enforcement. For fathers who are owed maintenance, whether child or spousal, this often translates into long delays, administrative errors, and a general lack of resolution. As of writing, hundreds of millions of pounds are in arrears, with thousands of families affected by systemic failures.
Court-based enforcement options
In some cases, especially where enforcement through the CMS proves ineffective, fathers may have to pursue remedies through the courts. A court can issue enforcement orders, including charging orders against property, third-party debt orders, or in extreme cases, committal proceedings for contempt of court. That said, such remedies can be costly and time-consuming, often requiring legal representation, financial disclosure, and detailed evidence of default.
Reaching agreements through mediation
To ensure a fair and enforceable maintenance arrangement, solicitors recommend that separating parents first attempt mediation. Not only is this a prerequisite for many court applications, but it also allows both parties to reach mutually agreeable terms in a less adversarial environment. If an agreement is reached, it can be formalised by way of a Consent Order, which gives the arrangement legal force and simplifies enforcement. Fathers who negotiate such agreements, particularly where they assume the bulk of day-to-day childcare, can often secure regular maintenance payments in a way that is both efficient and long-lasting.
Cross-border and blended family complexities
There are also unique challenges that fathers may face depending on their individual circumstances. For instance, if a father lives abroad, enforcement of UK maintenance orders can be complex, particularly in jurisdictions without reciprocal arrangements. On the other hand, where the mother lives abroad, it may be more difficult to secure payments or to have a CMS assessment recognised. In these situations, applications under international laws or mutual enforcement treaties may be required.
Another complicating factor arises when fathers are part of blended families. The CMS takes into account the number of children living with a paying parent, including stepchildren, which may reduce the amount payable or impact eligibility for receiving maintenance. Fathers must be prepared to provide clear financial disclosure and documentary evidence to support claims relating to household composition and care arrangements.
Impact of abuse and coercive control
Cases involving domestic abuse or coercive control add yet another layer of complexity. A father who has been subjected to controlling behaviour may find it difficult to assert his financial rights, particularly if the abuser controls access to financial documents or household income. However, exemptions from mediation are available in such cases, and courts are increasingly sensitive to the impact of coercive control in determining both maintenance and contact arrangements.
Support services and resources
Organisations such as Families Need Fathers, Gingerbread, and Citizens Advice offer guidance, peer support, and legal referrals tailored to the unique needs of single fathers. In addition, the government’s Child Maintenance Options service provides calculators, advice on agreements, and an overview of the various enforcement mechanisms available.
Asserting maintenance rights fairly
Maintenance is not only about securing funds; it is also about enabling a stable, supportive environment in which children can thrive. Fathers who document their caring responsibilities, seek legal recognition of shared care, and make use of both court and CMS options stand the best chance of receiving fair, long-lasting financial support. Despite the shortcomings of the system, the law does provide a framework within which fathers can claim the maintenance to which they—and their children—are entitled.
An experienced family solicitor will be able to outline your rights and the options open to you.