Child maintenance guide

Who pays child maintenance?

The parent who doesn’t have main day-to-day care of the children (the “paying parent”) pays maintenance to the parent who does (the “receiving parent”).

If you share care equally – meaning the children spend exactly the same amount of time with each parent – neither of you may need to pay maintenance to the other. However, if one parent earns significantly more, you might still agree that some payment is appropriate.

Child maintenance is separate from:

• Spousal maintenance – payments to support an ex-partner
• The financial settlement – division of assets like property and pensions
• Parental responsibility – your legal rights regarding your children

You must financially support your children whether or not you have parental responsibility, and whether or not you’re allowed to see them. Contact and maintenance are legally separate issues.

How much is child maintenance?

The amount depends on:

• The paying parent’s gross weekly income
• The number of children
• How many nights the children stay with the paying parent
• Whether the paying parent has other children living with them

The basic calculation

For most paying parents, maintenance is calculated as a percentage of gross weekly income (before tax):

For example, if you earn £500 per week gross and have two children, the basic calculation would be £80 per week (16% of £500).

Adjustments for shared care

If the children regularly stay overnight with the paying parent, the amount is reduced:

Other reductions

The amount can also be reduced if the paying parent:

• Has other children living with them
• Pays into a pension scheme
• Has other child maintenance arrangements

Different rates

Reduced rate: For gross weekly income between £100 and £200, a lower formula applies.

Flat rate: If the paying parent earns £100 or less per week, or receives certain benefits, they pay a flat £7 per week regardless of how many children there are.

Nil rate: No maintenance is payable if the paying parent is under 16, in full-time education, in prison, or has income below £7 per week.

Your options for arranging maintenance

You have three main choices:

1. Family-based arrangement (private agreement)

You and your ex-partner agree directly on how much will be paid, when, and how. This is free and gives you complete flexibility.

Advantages:

• No fees
• You control the terms
• Can be adjusted easily by agreement
• Maintains a cooperative relationship

Disadvantages:

• Not legally enforceable
• Relies on goodwill
• No official help if payments stop

2. Child Maintenance Service (CMS) calculation only

The CMS calculates the amount based on their formula, but you arrange payment directly between yourselves. This is called “Direct Pay.”

Advantages:

• Official calculation you can rely on
• No ongoing fees
• More formal than a private agreement

Disadvantages:

• £20 application fee
• Still relies on voluntary payment
• Limited help if payments stop

3. Child Maintenance Service collection (Collect and Pay)

The CMS calculates the amount and collects it from the paying parent, then passes it to the receiving parent. This provides the most enforcement power.

Advantages:

• Payments are enforced
• CMS chases non-payment
• Can deduct directly from wages or benefits

Disadvantages:

• £20 application fee
• Ongoing collection charges: 20% added to paying parent’s bill, 4% deducted from receiving parent’s payment
• Less flexibility

When maintenance is paid

Child maintenance is typically paid until the child:

• Turns 16, or
• Turns 20 if they’re in full-time education (up to A-level or equivalent), or
• Gets married or enters a civil partnership

University doesn’t count as full-time education for CMS purposes, though parents can privately agree to continue support through higher education.

High earners

The CMS only considers income up to £3,000 per week (approximately £156,000 per year). If the paying parent earns more than this, the receiving parent can apply to court for a “top-up” order to get additional maintenance based on the income above this threshold.

What maintenance doesn’t cover

Basic child maintenance is intended to contribute to everyday living costs. It doesn’t automatically cover:

• School fees
• University costs
• Expensive activities or equipment
• Medical treatment
• Childcare costs

These can be agreed separately between parents or, in some cases, ordered by a court.

Changes in circumstances

Maintenance should reflect current circumstances. If either parent’s situation changes significantly – income goes up or down, children move between households, or the paying parent has more children – the arrangement should be reviewed.

With a family-based arrangement, you simply agree new terms. With a CMS arrangement, either parent can request a review, and there’s an automatic annual review of the calculation.

Maintenance and benefits

Child maintenance received is not counted as income for most means-tested benefits, including Universal Credit. This means receiving maintenance shouldn’t reduce your benefit entitlement.

Getting started

Before making any arrangement, it’s worth calling Child Maintenance Options on 0800 171 2345. This free, impartial service explains your options and helps you decide what’s right for your family. You must speak to them before applying to the CMS.