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Child Maintenance

Child maintenance is money one parent pays the other towards a child's everyday costs when they no longer live together. It is separate from contact, and the two are not legally connected — a parent cannot withhold a child because maintenance is unpaid, and cannot stop paying because contact has stopped. Most families are better served by agreeing it privately; the state service exists for when they cannot. Call 07476 557650 free, any hour — and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

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Child Maintenance at a glance

Three routes

A private family-based arrangement, the Child Maintenance Service, or in limited cases a court order

Based on gross income

CMS calculations start from the paying parent's gross annual income, then adjust

Shared care reduces it

Nights spent with the paying parent reduce the amount on a banded scale

Not linked to contact

Contact and maintenance are legally independent — neither can be used as leverage for the other

Fees apply to CMS collection

Applying to the CMS carries a fee, and the collection service adds charges to both parents

How the amount is worked out

The Child Maintenance Service starts from the paying parent's gross annual income as reported to HMRC, deducts pension contributions, and applies a percentage that depends on the number of children. That figure is then reduced according to how many nights a year the children stay with the paying parent, and adjusted for other children they support. Because the calculation runs off HMRC data it can lag behind reality — a parent whose income has dropped substantially can ask for the calculation to be revisited, and a receiving parent who believes income is being hidden can ask for a variation covering unearned income, diverted income or notional income from assets. Talk it through with a lawyer now →

Why agreeing privately usually wins

A family-based arrangement costs nothing, starts immediately, and can be more generous and more flexible than any formula — covering school uniform, clubs, trips and the things a percentage of income does not think about. It is not legally enforceable, which is its weakness, but the alternative carries fees, delay and a layer of officialdom that tends to harden positions. Put whatever you agree in writing, record what it covers, and review it when circumstances change. If it breaks down, the CMS is still there. Talk it through with a lawyer now →

When someone will not pay

The CMS has real teeth once it is involved: deduction directly from earnings, orders against bank accounts including regular deductions, and applications to court that can lead to disqualification from driving, removal of a passport or, at the extreme, committal. The obstacle is rarely power and usually pace, so the practical advice is to report non-payment early rather than letting arrears build, keep every record, and chase in writing. Self-employment and cash income are the classic difficulty, and the variation route — asking the CMS to look behind the declared income — is the tool most parents do not know exists. Talk it through with a lawyer now →

Sorting out child maintenance, step by step

Try a written family-based arrangement firstFree, immediate, flexible, and it avoids fees on both sides.

Use the CMS calculator, then apply if you mustThe calculation is formula-driven, so you can see the likely figure before deciding.

Report non-payment early and keep recordsArrears are easier to prevent than recover. Call 07476 557650 free, any hour — and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

Child Maintenance — your questions answered

Can I stop paying if I am not allowed to see my child?

No. Maintenance and contact are legally separate, and stopping payment will not improve your contact position — it will damage it, because it tells a court something about your priorities. Deal with contact through mediation or a child arrangements application, and keep paying while you do.

My ex is self-employed and says he earns nothing. What can I do?

Ask the CMS for a variation. The rules allow the calculation to look beyond declared earnings to unearned income, income diverted through a company or family member, and notional income from assets. Give the CMS specifics rather than suspicions — the lifestyle that does not match the declared income, the company accounts, the property. It is slow, but it works more often than parents expect.

How long does child maintenance last?

Usually until the child turns 16, or 20 if they stay in approved full-time education up to A-level or equivalent. It ends earlier if the child starts work or the parents reconcile. University maintenance is not covered by the statutory scheme at all, which surprises many parents — that is a matter for agreement, or in some circumstances a court application.