Child maintenance is one of the most important financial obligations parents face after separation or divorce. Whether you're navigating this system for the first time or dealing with ongoing issues, understanding your rights and responsibilities is crucial for protecting your child's wellbeing and your own financial security.
This comprehensive guide covers everything you need to know about child maintenance in England and Wales, from legal obligations to calculation methods, enforcement powers, and recent legislative changes. If you need personalised advice about your specific situation, contact our experienced family law team for expert guidance.
What is Child Maintenance?
Child maintenance is the regular financial support that the parent who doesn't live with the child pays towards their living costs. This legal obligation exists regardless of whether parents were married, in a civil partnership, or never lived together.
The fundamental principle is simple: both parents are responsible for supporting their children financially, even if they don't live together. Child maintenance helps cover essential costs including:
- Housing and utilities
- Food and clothing
- Education expenses
- Healthcare costs
- Transport
- Recreational activities
In England and Wales, child maintenance is governed primarily by the Child Support Act 1991, with significant updates through the Children and Families Act 2014 and the recent Child Support (Enforcement) Act 2023.
Legal Framework and Parental Obligations
Who Has Legal Responsibility?
Both biological parents have a legal duty to financially support their children, regardless of:
- Marital status
- Contact arrangements
- Where the child lives
- Previous court orders (in most cases)
This obligation typically continues until the child:
- Reaches 16 years old, or
- Turns 20 if they remain in approved full-time education or training
Key Legal Principles
The law prioritises the child's welfare above all other considerations. This means:
- No opt-out: Parents cannot simply choose not to pay child maintenance
- Ongoing obligation: The duty continues even if the paying parent loses contact with the child
- Priority debt: Child maintenance is treated as a priority debt by enforcement bodies and arrears are pursued more aggressively than most other debts. It does not override secured debts such as mortgages or rent arrears when it comes to eviction avoidance.
- Enforcement powers: The government has extensive powers to collect unpaid maintenance
Who Pays and Who Receives Child Maintenance?
The Paying Parent
The "paying parent" is typically the parent with whom the child doesn't primarily live. However, the situation can be more complex:
- If care is shared equally, the parent with the higher income usually pays
- Parents can have different arrangements for different children
- Step-parents have no automatic legal obligation unless they've formally adopted the child
The Receiving Parent
The "receiving parent" is usually the person with primary care of the child. This can be:
- A biological parent
- An adoptive parent
- A legal guardian
- In some cases, grandparents or other relatives with formal caring arrangements
Eligibility Requirements
For the Child Maintenance Service (CMS) to have jurisdiction:
- The paying parent must be resident in the UK, or working abroad for a UK-based employer, or serving in the UK Armed Forces
- The child must be habitually resident in the UK
- The receiving parent does not need the right to live in the UK
- The child must be under 16 (or under 20 if in qualifying education/training)
If you're unsure about eligibility in your specific circumstances, speak to our family law specialists who can assess your situation and advise on the best approach.
Types of Child Maintenance Arrangements
There are two main ways to arrange child maintenance:
1. Private Family-Based Arrangements
Many separated parents successfully arrange maintenance directly between themselves. These arrangements:
- Are completely flexible: Parents can agree any amount and payment schedule
- Can be informal: No official documentation required, though written agreements are recommended
- Are easily changed: Arrangements can be modified as circumstances change
- Save money: No fees involved
- Work best when: Parents communicate well and trust each other to maintain payments
Private arrangements can cover more than just basic maintenance, including:
- School fees and uniforms
- Medical expenses
- Holiday costs
- Extracurricular activities
2. Child Maintenance Service (CMS) Arrangements
When parents cannot agree privately, the Child Maintenance Service provides a statutory calculation and collection system. The CMS:
- Calculates maintenance using fixed statutory rates
- Collects payments from the paying parent
- Passes payments to the receiving parent
- Enforces payment when necessary
- Provides a formal, legally binding arrangement
How Child Maintenance is Calculated
The CMS uses a straightforward percentage-based system tied to the paying parent's gross weekly income:
The Five Rate Bands
| Weekly Income | Rate | Payment (1 child) | Payment (2 children) | Payment (3+ children) |
|---|---|---|---|---|
| £0 – £7 | Nil rate | £0 | £0 | £0 |
| £7 – £100 | Flat rate | £7 | £7 | £7 |
| £100 – £200 | Reduced rate | £7 plus percentage | £7 plus percentage | £7 plus percentage |
| £200 – £3,000 | Basic rate | 12% | 16% | 19% |
| Over £3,000 | Basic Plus rate | Based on £3,000 income ceiling | Based on £3,000 income ceiling | Based on £3,000 income ceiling |
What Income Counts?
The calculation includes:
- Employment income (before tax)
- Self-employment profits
- Pension income
- Income from investments or property
Note: Some benefits may trigger the flat-rate maintenance, but they are not treated as income in standard CMS gross income calculations.
Adjustments to Basic Calculations
Several factors can modify the standard rates:
Shared Care Reductions
CMS applies a shared care formula based on actual overnight care, not intended arrangements. Parents must agree the number of overnights or be able to evidence actual shared care (for example with school letters, diaries, or court orders) for a reduction to apply.
If the child stays overnight with the paying parent:
- 52-103 nights per year: 1/7th reduction
- 104-155 nights per year: 2/7th reduction
- 156-174 nights per year: 3/7th reduction
- 175+ nights per year: 50% reduction
Other Children
The paying parent's income is reduced by:
- 11% for one other child
- 14% for two other children
- 16% for three or more other children
Variations
In exceptional circumstances, the calculated amount can be varied upwards or downwards. Common grounds include:
- Additional income not captured in the standard calculation
- High travel costs for contact
- Disability-related expenses
- Property transfers in lieu of maintenance
Variation cannot be requested for:
- Re-partnering or changes in a parent's new household circumstances
- An increase in the receiving parent's income
- Disagreements about how maintenance is spent
Payment Methods and Collection
Direct Pay
Most CMS cases use "Direct Pay" where:
- Parents arrange payment between themselves
- The CMS provides the calculation but doesn't handle money
- No collection fees apply
- Payment methods are flexible (standing order, bank transfer, cash, etc.)
Collect and Pay
When Direct Pay isn't working, the CMS switches to "Collect and Pay":
- The CMS collects money from the paying parent
- Fees apply: a 20% collection fee is added to the paying parent's maintenance and a 4% fee is deducted from the receiving parent's payments
- Various collection methods available including payroll deduction
Payment Schedule Options
Maintenance can be paid:
- Weekly
- Every two weeks
- Monthly
- Every four weeks
The total annual amount remains the same regardless of frequency.
Enforcement Powers and Penalties
The Child Maintenance Service has extensive powers to enforce payment, significantly strengthened by recent legislation.
Current Enforcement Methods
Deduction from Earnings Orders (DEO)
- Direct deduction from wages/salary
- Employers legally required to comply
- Can deduct up to 40% of net earnings
Deduction from Benefits
- Direct deduction from most benefits
- Typically £7.35 per week for flat rate cases
Regular Deduction Orders (RDO)
- Direct deduction from bank accounts
- Can be applied to multiple accounts
- Includes joint accounts in some circumstances
Lump Sum Deduction Orders (LSDO)
- One-off deduction from bank accounts
- Used for arrears or irregular income
Enhanced Enforcement Since 2023
The Child Support (Enforcement) Act 2023 introduced faster, more effective enforcement:
Liability Orders
- The 2023 reforms allow the CMS to obtain liability orders through an administrative process, significantly reducing timescales (often down to around six weeks)
- This is not a new type of order; it streamlines how standard liability orders are obtained
- Full court hearings are no longer required in straightforward cases
Improved Information Gathering
- Enhanced powers to obtain financial information
- Better data sharing between government agencies
- Faster identification of assets and income sources
Ultimate Sanctions
For persistent non-payment:
- Bailiff action: Seizure and sale of goods
- Charging orders: Legal claim against property
- Third party debt orders: Freezing bank accounts
- Disqualification from driving: Removal of driving licence
- Passport removal: Confiscation of UK passport
- Imprisonment: Maximum up to six weeks (civil enforcement), often quoted as 42 days (rare, last resort)
Variations and Reviews
When Calculations Change
The CMS automatically reviews calculations when:
- Annual income changes by more than 25%
- Care arrangements change significantly
- The number of children changes
- Benefit status changes
Requesting a Revision
Either parent can request a revision within one month if:
- There's been an error in the calculation
- Relevant information was missed
- Circumstances have changed
Mandatory Reconsiderations and Appeals
If unhappy with a CMS decision:
- Mandatory Reconsideration: Request CMS to look again (within one month)
- Appeal to Tribunal: Independent review if still dissatisfied (within one month of reconsideration outcome)
- Upper Tribunal: Limited grounds for further appeal
The appeals process can be complex, and having expert legal representation significantly improves your chances of success. Contact our team if you're considering challenging a CMS decision.
Special Circumstances and Complex Cases
Domestic Violence and Safety Concerns
The CMS recognises that some parents may face safety risks. Special provisions include:
- Anonymous arrangements: The CMS can hide contact details between parents
- Third-party communication: All contact through CMS staff
- GHaCM service: Get Help Arranging Child Maintenance provides extra support for vulnerable parents
For wider issues about living and contact arrangements, our child arrangements solicitors can help.
High-Income Cases
When the paying parent earns over £3,000 per week (£156,000 annually):
- CMS calculates maintenance on first £3,000 weekly
- Receiving parent can apply to court for "top-up" maintenance on excess income
- Courts have discretion to award additional amounts
Courts can rule on child maintenance in limited circumstances, including:
- By consent order
- Top-up maintenance where the paying parent earns more than £3,000 per week
- School fees
- Additional provision for disability-related costs
- Certain international cases
If you need strategic advice on court routes, speak to our Divorce & Family Law team.
Self-Employment and Variable Income
Self-employed parents face special rules:
- CMS uses current year's income where available
- May use previous year's accounts or HMRC data
- Mandatory annual reviews
- CMS can make estimated income assessments if required financial information is not provided
- The CMS may issue financial penalties for failing to provide information when requested, but there is no formal penalty regime simply for late filing of accounts
International Cases
Complex rules apply when parents live in different countries:
Within the UK: Maintenance orders can be enforced across England, Wales, Scotland and Northern Ireland
European Union: Various reciprocal arrangements, though Brexit has complicated some procedures
Wider International: Reciprocal Enforcement of Maintenance Orders (REMO) agreements with many countries
Recent Changes and Updates (2023-2025)
Child Support (Enforcement) Act 2023
Major improvements to enforcement include:
- Administrative Liability Orders reducing court delays from six months to six weeks
- Enhanced information-gathering powers
- Improved data sharing between agencies
- Streamlined processes for common enforcement scenarios
Fee Changes in 2024
The controversial £20 application fee for using the CMS was abolished in April 2024, making the service more accessible for families who cannot arrange maintenance privately.
Digital Service Improvements
Ongoing modernisation includes:
- Improved online portal for parents
- Better mobile access
- Real-time payment tracking
- Enhanced communication systems
Common Problems and Solutions
Payment Delays or Missed Payments
What to do:
- Contact the paying parent directly (if safe to do so)
- Report non-payment to CMS within a reasonable time
- Request enforcement action
- Keep detailed records of missed payments
Prevention:
- Set up automated payments
- Regular communication about payment dates
- Consider Collect and Pay if Direct Pay isn't working
Disputes About Income
Common issues include:
- Hidden income or assets
- Disputed employment status
- Complex business structures
- Income paid to partners/family members
The CMS has significant investigative powers, but complex cases may benefit from professional legal assistance.
Changes in Care Arrangements
When children spend different amounts of time with each parent:
- Report changes to CMS promptly
- Keep evidence of actual care patterns
- Understand that small changes may not affect calculations
- Consider whether private arrangements might be more flexible
Communication Breakdown
When parents cannot communicate effectively:
- Consider using mediation services
- Use CMS as intermediary for all maintenance discussions
- Focus on children's needs rather than personal grievances
- Seek professional help for underlying relationship issues
If you're experiencing ongoing problems with child maintenance arrangements, our experienced family lawyers can help identify solutions and represent your interests effectively. Get in touch for a consultation.
International Child Maintenance
When Parents Live in Different Countries
Cross-border maintenance cases involve complex legal frameworks:
Reciprocal Arrangements: The UK has agreements with many countries allowing maintenance orders to be recognised and enforced internationally
Hague Convention Cases: Special procedures apply for countries signed up to the 2007 Hague Maintenance Convention
EU Relations Post-Brexit: Some continued cooperation but with increased complexity
Non-Treaty Countries: More difficult but not impossible to enforce maintenance
Common International Scenarios
- One parent moves abroad after separation
- Parents living in different countries from the start
- Children living in one country with parents in others
- Complex custody arrangements across borders
International cases often require specialist legal assistance to navigate different legal systems and enforcement mechanisms.
When the CMS will NOT calculate
The CMS will generally not calculate maintenance where:
- Either parent lives in a country that does not have a reciprocal enforcement arrangement (non-REMO/Hague country)
- The paying parent is outside the UK and works for a non-UK employer
- The child does not meet the qualifying criteria (for example, not habitually resident in the UK or over the age limit)
Getting Help: Next Steps and Professional Support
When to Seek Professional Help
Consider legal advice if you're dealing with:
- Complex income structures or high earnings
- International elements
- Persistent non-payment despite CMS involvement
- Disputes about care arrangements affecting maintenance
- Court applications for variations or additional provision
- Appeals against CMS decisions
Types of Professional Support Available
Family Law Solicitors: For complex cases, court applications, and strategic advice — our dedicated team can help: Divorce & Family Law
Family Mediation: To help parents reach agreements without formal legal processes — learn more about our mediation service
Citizens Advice: Free initial guidance and support with CMS applications
Accountants: For complex self-employment or business income issues
How Judge Law Can Help
Our experienced family law team regularly assists clients with all aspects of child maintenance, including:
- Negotiating fair private arrangements
- CMS applications and appeals
- Enforcement action for non-payment
- High-income court applications
- International maintenance cases
- Complex variation applications
We understand that child maintenance disputes are about much more than money – they're about ensuring your children receive the support they need and deserve.
Your Next Steps
If you're dealing with child maintenance issues, don't navigate the system alone. Whether you need help understanding your options, calculating fair amounts, enforcing existing arrangements, or dealing with complex circumstances, professional guidance can make a significant difference to the outcome.
Contact our experienced family law team today for a confidential consultation about your child maintenance situation. We're here to help you secure the best possible outcome for you and your children.
Remember: every child maintenance case is unique, and while this guide provides comprehensive general information, nothing replaces personalised legal advice based on your specific circumstances. The sooner you seek help, the sooner we can work together to resolve your situation effectively.
