Introduction to Child Maintenance Payment Calculations
When parents live apart, child maintenance payments are designed to ensure children continue to receive the financial support they need. These payments help cover everyday living costs and aim to provide stability for children, regardless of changes in family circumstances. The rules and processes around child maintenance in the UK are set out in the Child Support Act 1991, which outlines the legal responsibilities of parents to support their children financially.
If parents cannot agree on payment arrangements privately, the Child Maintenance Service (CMS) can step in to calculate the amount one parent should pay to the other. The CMS uses a standard formula that takes into account factors such as the paying parent’s income, the number of children involved, and the amount of time the children spend with each parent. This approach aims to ensure fair financial support is provided, reflecting both parents’ circumstances and the needs of the children.
For a broader understanding of the topic and how it fits within the wider system of support for separated families, see our overview on Child Maintenance.
How the CMS Calculates Payment Amounts
When the Child Maintenance Service (CMS) works out how much a paying parent should contribute, several key factors are taken into account. The main elements include the paying parent’s gross weekly income, the number of children to be supported, and any shared care arrangements in place.
Income Bands and Rates
The CMS uses the paying parent’s gross weekly income (before tax and National Insurance, but after pension contributions) as the starting point for their calculations. This income is usually verified using HMRC data. Different income bands apply, and the amount payable increases with higher income brackets. For example, lower incomes may qualify for a flat or reduced rate, while higher incomes are subject to the standard or basic rate. You can find a detailed explanation of these rates and thresholds on the Child Maintenance Service (CMS) page.
What Counts as Income?
Income considered includes earnings from employment, self-employment, and certain benefits. The CMS may also take into account other sources such as rental income or pensions. The exact definition of what counts as income is set out in the Child Support Act 1991, which provides the legal framework for child maintenance calculations.
Adjustments for Shared Care and Special Expenses
If the child spends time overnight with the paying parent, the amount of maintenance may be reduced to reflect shared care arrangements. In some cases, the CMS will also consider special expenses, such as the costs of maintaining contact with the child or supporting other children.
To learn more about how the CMS calculates payments and what factors can affect the amount, see our guide on how the CMS calculates payments.
Shared Care Credits
When parents share the care of their child, this can affect the amount of child maintenance that needs to be paid. Shared care, in the context of child maintenance, means that the child stays overnight with the paying parent for a certain number of nights each year. The more nights a child spends with the paying parent, the more the child maintenance payment can be reduced – this reduction is known as a shared care credit.
The Child Maintenance Service (CMS) uses a set calculation to determine how much the payment is reduced based on the number of overnight stays. For example, if a child stays with the paying parent at least 52 nights a year (an average of one night per week), the payment amount is reduced by a set percentage. The reduction increases as the number of nights increases. These arrangements must either be agreed by both parents or formally assessed by the CMS to ensure they are fair and accurate.
To understand exactly how these reductions work and see detailed examples, visit our dedicated page on Shared Care Credits.
The rules for shared care credits are set out in the Child Maintenance (Calculation) Regulations 2012, which outline how shared care is factored into the calculation of child maintenance payments.
Special Expenses for Child Maintenance
When working out child maintenance payments, the Child Maintenance Service (CMS) may take certain "special expenses" into account. Special expenses are additional costs that a paying parent faces as a direct result of supporting their child, and they can sometimes reduce the amount of maintenance due. Examples include travel costs for contact visits, extra school fees, or medical expenses related to a child’s needs.
To have special expenses considered, these costs must be reasonable, necessary, and supported by evidence. The process involves applying to the CMS and providing proof of the expenses. Only specific types of expenses are eligible, and each case is assessed individually under the Child Support (Variations) Regulations 2000.
For a detailed explanation of what counts as a special expense, how to apply, and what evidence you’ll need, see our page on Special Expenses for Child Maintenance.
You can also find more about how the Child Maintenance Service (CMS) calculates payments and the legal framework behind these decisions.
Adjusting Payment Amounts and Disputes
When circumstances change – such as a significant shift in income, additional children, or changes in shared care arrangements – either parent can ask the Child Maintenance Service (CMS) to review the payment amount. This process is known as requesting a variation. To request a variation, you’ll need to provide evidence of the change, such as payslips, benefit statements, or proof of special expenses. The CMS will review the information and decide if the payment amount should be adjusted to reflect the new situation.
If you believe the CMS calculation is incorrect or unfair, you have the right to challenge it. The first step is usually to contact the CMS for a review. If you are still unhappy with the outcome, you can explore options for appeals and disputes, which may involve a formal appeal process.
All adjustments and disputes are handled according to the rules set out in the Child Support Act 1991, which ensures that maintenance payments are fair and accurate, putting the child’s needs first. Keeping your payment arrangements up to date helps ensure children receive the right level of support as family circumstances evolve.
Applying for Child Maintenance and the Payment Process
When parents cannot agree privately on child maintenance arrangements, you can apply to the Child Maintenance Service (CMS) to help set up and manage payments. The first step is applying for child maintenance, which involves submitting details about your situation and the children involved.
After your application, the CMS will gather information about both parents’ income and circumstances. They use this data to calculate how much child maintenance should be paid, following rules set out in the Child Support Act 1991. Once the calculation is complete, both parents are notified of the payment amount and how often payments should be made. For a full overview of what happens after you apply, including how calculations are made and what to expect next, see the CMS process.
Payments can be made directly between parents (Direct Pay) or managed by the CMS (Collect and Pay), depending on what works best for your situation. The CMS can also collect payments on your behalf and pass them on, which may involve additional fees.
It’s important to make payments on time to ensure children receive the support they need. If payments are missed or delayed, the CMS has legal powers to take action, such as deducting money directly from wages or bank accounts. To learn more about what happens if payments are not made, visit our page on enforcement and collection.
Other Related Topics to Consider
When working out child maintenance payments, it’s important to be aware of related topics that may affect your situation or offer alternative approaches. For example, the way care is shared between parents can impact how much maintenance is paid. You can learn more about this by exploring shared care arrangements, which explain how overnight stays and shared parenting affect maintenance calculations.
Some families choose not to use the Child Maintenance Service and instead set up their own private child maintenance agreements. This can offer more flexibility and may be suitable if both parents can reach an agreement together.
It’s also worth noting that the rules for maintenance for adult or disabled children differ from standard child maintenance. If your child is over 16, in further education, or has a disability, different legal guidelines may apply.
Arranging where your child lives and how much time they spend with each parent can influence maintenance too. Find out more about child arrangements and how these decisions relate to financial support. If you’re struggling to agree, divorce mediation can help you reach a solution without going to court.
In addition to maintenance payments, you might be entitled to financial help for families, such as child benefits or tax credits, and housing assistance if you’re facing financial challenges. Finally, if you need to balance work and family responsibilities, it’s worth learning about your rights to flexible working, which could help you manage both your job and your parenting commitments.
