What is Child Maintenance?
Child maintenance is a regular financial support paid by one parent to the other to help with the everyday costs of raising a child after parents have separated. Its main purpose is to ensure that children continue to receive the financial care they need, regardless of their parents’ relationship status. This support can cover essentials such as food, clothing, housing, and school expenses, helping to provide stability and security for children as they grow.
In the UK, the parent who does not usually live with the child – often called the “non-resident parent” – is typically responsible for paying child maintenance. The parent who lives with the child most of the time – known as the “receiving parent” – receives these payments to help cover the child’s living costs. Both parents are legally responsible for supporting their children financially, and child maintenance is one way to make sure this happens even when families are living apart.
Making sure child maintenance is paid is important for children’s wellbeing. Regular payments can make a significant difference to a child’s quality of life, helping to cover day-to-day needs and giving them the best possible start in life. Studies have shown that children benefit emotionally and physically when both parents contribute to their upbringing.
There are different ways to arrange child maintenance in the UK. Some parents come to a private agreement between themselves, deciding how much will be paid and how often. Others may need help to set up or enforce payments, especially if communication is difficult or there are disagreements. This is where the Child Maintenance Service (CMS) comes in.
The CMS is a government body set up to help separated parents arrange child maintenance payments. It can calculate how much should be paid, collect payments from one parent, and pass them on to the other. The CMS uses a standard formula based on the paying parent’s income, the number of children, and other factors to make sure payments are fair and consistent.
To learn more about how child maintenance works, including detailed information on calculation methods and its wider importance, visit our page on child maintenance.
How to Apply for Child Maintenance Through the CMS
Applying for child maintenance through the Child Maintenance Service (CMS) is a straightforward process designed to help parents or guardians secure regular financial support for their children. Below, you’ll find a clear, step-by-step guide to making an application, what you’ll need, and what to expect after applying.
Who Can Apply for Child Maintenance?
Typically, the person who applies for child maintenance is the parent or guardian who has the main day-to-day care of the child. This is sometimes called the “receiving parent.” In certain situations, a grandparent or another carer who looks after the child most of the time may also apply. The CMS can help arrange payments even if you and the other parent live in different parts of the UK.
What Information and Documents Will You Need?
To apply, you’ll need to provide some essential details. Having these ready will make the process smoother:
- Your personal information: Full name, address, date of birth, and National Insurance number.
- The other parent’s details: Name, address (if known), and as much contact information as possible. The CMS will use this to get in touch with the paying parent.
- Child’s details: Full name and date of birth for each child you’re applying for.
- Details about any existing arrangements: If you already have a private agreement or court order for maintenance, you’ll need to mention this.
- Income details: While the CMS usually gets income information directly from HM Revenue & Customs (HMRC), you may be asked about your financial situation or current benefits.
How to Apply: Step-by-Step
- Gather Your Information: Before starting, collect all the details listed above.
- Contact the CMS: The first step is to contact the Child Maintenance Service to open your case. You can do this:
- Online: Visit the official government website and follow the instructions to start your application.
- By phone: Call the CMS helpline. This can be a good option if you have questions or need extra support.
Pay the Application Fee: There is usually a one-off application fee (currently £20). Some people, such as those under 19 or victims of domestic abuse, may not have to pay this fee.
Provide the Required Information: During your application, you’ll be asked to supply the details mentioned above.
Wait for CMS to Process Your Application: Once submitted, the CMS will review your information and begin contacting the other parent.
What Happens After You Apply?
After you’ve applied, the CMS will:
- Contact the paying parent: The CMS will get in touch with the other parent to confirm their details and explain the process.
- Calculate the maintenance amount: Using income information (usually from HMRC), the CMS will work out how much the paying parent should contribute.
- Set up payment arrangements: You and the other parent can choose to handle payments directly (“Direct Pay”) or have the CMS collect and transfer the money (“Collect and Pay”), though extra fees may apply for the latter.
- Keep you updated: The CMS will inform you of the outcome and next steps. If you have any concerns about compliance or enforcement, the CMS can take action to help ensure payments are made.
For a more detailed breakdown of what happens after you apply, including how payments are calculated and what to expect if problems arise, see our guide to the CMS application process.
How Long Does the Process Take?
The time it takes to set up a child maintenance arrangement can vary. Generally, you can expect:
- Initial contact: The CMS aims to contact both parents within a few days of receiving your application.
- Calculation and setup: It may take a few weeks to gather all the necessary information and agree on payment arrangements.
- First payment: Once everything is in place, the first payment is usually made soon after the arrangements are confirmed.
If there are difficulties contacting the other parent or getting the required information, the process may take longer.
Applying for child maintenance is just one way to get support for your family. For more information on other options and additional help available, visit our overview of financial support for families with children.
Information You Need to Provide When Applying
When you apply to the Child Maintenance Service (CMS), you’ll need to provide a range of information to help them assess your case and calculate the correct amount of child maintenance. Supplying accurate and up-to-date details ensures that payments are fair and reflect your circumstances. Here’s what you’ll need to have ready:
1. Details About Yourself and the Other Parent
You’ll be asked for basic information about both you and the other parent, including:
- Full names
- Current addresses
- Contact details such as phone numbers and email addresses
These details are essential for CMS to identify everyone involved and to communicate throughout the process.
2. Information About the Child or Children
For each child the application covers, you’ll need to provide:
- Full legal names
- Dates of birth
This ensures the CMS can correctly link your application to the children who require maintenance.
3. Financial Information
A key part of the child maintenance calculation is understanding the financial circumstances of the paying parent. You may be asked for:
- Employment status (employed, self-employed, or unemployed)
- Details of income (such as payslips, P60s, or tax returns)
- Information about any benefits received
The CMS typically uses income information from HM Revenue & Customs (HMRC), but having this information ready can help avoid delays or discrepancies.
4. Special Circumstances or Expenses
If there are circumstances that might affect the amount of maintenance – such as shared care arrangements, additional children living with either parent, or costs related to the child’s needs – it’s important to mention these. The CMS can consider certain special expenses in child maintenance, such as travel costs for contact, costs for maintaining a child with a disability, or fees for boarding school.
For a more detailed explanation of what counts as special expenses and how they can impact your payments, you may find it helpful to read this overview.
5. Why Accuracy Matters
Providing accurate and honest information is crucial. The CMS uses the details you supply to calculate how much child maintenance should be paid according to UK law and official guidelines. Inaccurate or missing information can delay your application, result in incorrect payment amounts, or even lead to penalties.
By preparing all the necessary information in advance, you can help ensure the process runs smoothly and that the maintenance payments fairly reflect your family’s needs. If you’re unsure about what counts as a special expense or how to document your circumstances, further guidance is available through the linked resources above.
How the CMS Calculates Child Maintenance Payments
When you apply for child maintenance through the Child Maintenance Service (CMS), the amount you pay or receive is worked out using a set formula. This calculation is designed to be fair to both parents and to ensure that children get the financial support they need. Understanding how the CMS calculates payments can help you know what to expect and plan accordingly.
The CMS Formula: Income and Number of Children
The main factor in the CMS calculation is the paying parent’s gross weekly income (before tax and National Insurance, but after pension contributions). The number of children the payments are for also affects the amount. Generally, the more children you’re supporting, the higher the payment.
For example:
- If you’re paying for one child, you’ll usually pay 12% of your gross weekly income.
- For two children, it’s 16%.
- For three or more children, it’s 19%.
These percentages can be adjusted based on your specific circumstances.
Factors That Affect the Calculation
Several other factors can influence the payment amount:
- Shared Care Arrangements: If the paying parent has the child or children overnight for at least 52 nights a year, the payment amount is reduced. The more nights the child spends with the paying parent, the greater the reduction.
- Other Children in the Household: If the paying parent has other children living with them (for example, from a new relationship), this is taken into account and can lower the payment amount.
- Benefits and Income Changes: If the paying parent is on certain benefits or their income changes significantly, the payment may be recalculated.
Special Expenses and Variations
Sometimes, there are special circumstances that can affect the standard calculation. For example, the CMS can consider “special expenses” such as costs related to maintaining contact with the child (like travel expenses) or costs for supporting a child with a disability. Either parent can apply for a variation if they believe the standard calculation does not reflect their situation fairly.
Why Understanding the Calculation Matters
Knowing how your payments are worked out can help you avoid surprises and make sure you’re prepared for your financial responsibilities. If your circumstances change, such as your income or living arrangements, it’s important to let the CMS know as soon as possible. This can help ensure that your payments remain fair and accurate.
For a full breakdown of the rules and examples of how different situations affect the amount, see the CMS calculation methods.
If your circumstances change after your maintenance arrangement is in place, find out more about changing a maintenance order.
What Happens After You Apply
After you submit your application to the Child Maintenance Service (CMS), they begin by contacting the paying parent. This step is important, as CMS needs to gather accurate financial information and explain how the child maintenance process works. The paying parent will be asked to provide details about their income, benefits, and any other relevant circumstances. CMS may also verify these details with HM Revenue & Customs to ensure the information is up to date.
Once all necessary information is collected, CMS calculates the amount of child maintenance that should be paid. This calculation follows the rules set out in the Child Support Act 1991 and associated regulations, taking into account the paying parent’s gross weekly income, the number of children involved, and how often the children stay overnight with the paying parent. If either parent disagrees with the calculation, there is a process to ask for a review or appeal.
CMS will then set up payment arrangements. There are two main options for how payments can be made:
- Direct Pay: This option allows payments to be made directly from the paying parent to the receiving parent. CMS works out the amount, but does not handle the money itself. This method is often quicker and avoids extra fees.
- Collect and Pay: If direct payments are not possible or have broken down, CMS can collect payments from the paying parent and pass them on to the receiving parent. This service involves collection fees for both parents.
If payments are not made on time, it’s important to contact CMS as soon as possible. CMS has a range of powers to help ensure payments are made, including arranging deductions from wages or benefits, or taking legal action if necessary. You can learn more about the steps CMS can take by visiting our page on enforcement and collection of child maintenance.
Throughout this stage, CMS will keep both parents informed about the progress of the application and any decisions made. The length of time it takes to set up a child maintenance arrangement can vary, but CMS aims to process applications promptly. For a detailed breakdown of what happens next and how long each stage may take, see our guide to the CMS process and timeline.
If you have concerns at any point after applying – such as missed payments, changes in circumstances, or questions about your calculation – contact CMS for advice and support. They are there to help make sure children get the financial support they need.
Alternatives to Applying Through the CMS
Alternatives to Applying Through the CMS
Before applying to the Child Maintenance Service (CMS), it’s worth considering whether you and the other parent can arrange child maintenance privately. A private child maintenance agreement is an arrangement made directly between both parents, without the involvement of the CMS or the courts.
What Is a Private Child Maintenance Agreement?
A private agreement allows parents to decide together how much child maintenance will be paid, how often, and by what method. This can cover regular payments, one-off payments, or even contributions towards specific expenses like school uniforms or childcare.
Private agreements can be flexible and tailored to suit your family’s needs. They can be made verbally or put in writing. While a written agreement isn’t legally binding on its own, having everything in writing can help avoid misunderstandings later on.
Benefits and Drawbacks of Private Agreements
Benefits:
- Flexibility: Parents can agree on payment amounts and schedules that work best for them and their children.
- Control: You decide the terms, rather than following CMS rules.
- Speed: Arrangements can be put in place quickly, without waiting for a CMS decision.
- No fees: There are no CMS application or ongoing service fees.
Drawbacks:
- Enforcement: If one parent stops paying, the agreement isn’t automatically enforceable by law. You may need to apply to the court or involve the CMS later.
- Lack of legal backing: Unless the agreement is made into a court order, it doesn’t carry legal weight.
- Potential for disagreement: Changes in circumstances or communication breakdowns can lead to disputes.
For more on the pros and cons, see private child maintenance agreements.
How to Create a Private Agreement
To set up a private child maintenance agreement, both parents should:
- Discuss and agree on the payment amount, frequency, and method.
- Consider using the CMS child maintenance calculator as a guide for a fair amount.
- Write down the agreement, including details of payments and any special arrangements.
- Keep records of all payments made and received.
It’s important to review the agreement regularly, especially if circumstances change, such as income, living arrangements, or the needs of the child.
You can find practical guidance on setting up and managing private arrangements in the government’s official resource: Child Maintenance Service: Make a private arrangement – GOV.UK.
When Is a Private Agreement Suitable?
A private agreement may be suitable if:
- Both parents are willing to cooperate and communicate.
- There is trust that payments will be made as agreed.
- The child’s needs can be met without outside intervention.
However, if there is conflict, a history of missed payments, or concerns about safety, a formal arrangement through the CMS may be more appropriate.
Getting Help with Private Agreements
If you’re struggling to reach an agreement, you might find it helpful to seek legal advice or use family mediation. Mediation can help parents communicate and resolve disagreements in a neutral setting.
For more in-depth information and practical steps, visit our section on private child maintenance agreements.
Remember, the right arrangement depends on your circumstances. Take time to consider all your options before deciding how to proceed.
What to Do if You Disagree with a CMS Decision
If you disagree with a decision made by the Child Maintenance Service (CMS) – for example, about how much you are required to pay or receive – it’s important to know you have the right to challenge it. Here’s what you need to do if you believe a CMS decision is incorrect or unfair.
How to Challenge a CMS Decision
The first step is to contact the CMS and ask for a mandatory reconsideration. This means you’re asking them to look at the decision again. You must do this before you can make a formal appeal. The request should be made as soon as possible, as there are strict time limits.
Time Limits and Appeal Procedures
You usually have one month from the date you receive the CMS decision to ask for a mandatory reconsideration. If you miss this deadline, you may still be able to challenge the decision, but you’ll need to explain why you were late, and the CMS will decide whether to accept your request.
If you’re still unhappy after the reconsideration, you can appeal to an independent tribunal. The appeal must usually be lodged within one month of the date of the reconsideration notice. The tribunal will review the evidence and make a final decision.
Evidence to Support Your Appeal
When challenging a CMS decision, it’s important to provide any evidence that supports your case. This might include:
- Proof of your income, such as payslips or tax returns
- Evidence of special expenses (for example, travel costs or costs related to caring for a child with disabilities)
- Details of shared care arrangements
- Any relevant correspondence with the CMS
The more detailed and accurate your evidence, the better your chances of a successful outcome.
Know Your Rights and Get Help
Understanding your rights is crucial when dealing with child maintenance disputes. If you’re unsure about the process, or if your situation is complex, you may want to seek advice from a legal professional or a support organisation. Remember, you’re entitled to a fair assessment and to challenge any decision you believe is wrong.
For step-by-step instructions and further details on appealing a CMS decision, including forms, deadlines, and what to expect, visit our dedicated guidance page. This will help ensure you follow the correct procedures and protect your rights throughout the process.
Other Important Considerations When Applying
When applying for child maintenance, it’s important to consider several factors that may affect your situation beyond the standard application process. Understanding these considerations can help ensure you meet your legal responsibilities and access the support you need.
Supporting Adult or Disabled Children
In some cases, your responsibility to provide financial support may extend beyond childhood, particularly if your child is over 16 and has a disability or is still in full-time education. The Child Maintenance Service (CMS) typically covers children under 16, or under 20 if they remain in approved education or training. However, you may have ongoing obligations for maintenance for adult or disabled children, depending on your specific circumstances. It’s important to understand these responsibilities, as the rules can differ if your child requires additional care or support due to health or educational needs.
How Parental Leave Can Affect Maintenance Arrangements
If you or the other parent are taking time off work for maternity, paternity, or parental leave, this can affect your income and, consequently, your child maintenance arrangements. For example, statutory payments during leave are often lower than regular earnings, which may impact the amount calculated by the CMS. It’s a good idea to familiarise yourself with your parental leave rights in the UK, so you can plan ahead and notify the CMS of any significant changes to your financial situation. This helps ensure maintenance payments remain fair and reflect your current circumstances.
Domestic Abuse and Child Maintenance
If you are experiencing domestic abuse, applying for child maintenance can feel especially challenging. The law recognises the need for extra protection and support in these situations. The Domestic Abuse Act 2021 sets out clearer definitions of abuse and strengthens the support available to survivors. For example, you may be able to request that the CMS handles all communication with the other parent, or that payments are managed directly by the service to protect your safety.
If you are concerned about your safety or wellbeing, there are domestic abuse support services available to help you with safety planning, emotional support, and practical advice. It’s important to reach out for help if you need it – your wellbeing and your child’s safety are the top priorities.
For more detailed information on these topics, you can explore our pages on maintenance for adult or disabled children, parental leave rights, and domestic abuse support services. If you want to learn more about the legal context and protections provided by the Domestic Abuse Act 2021, the government’s factsheet offers a thorough overview.
