Introduction to Special Expenses in Child Maintenance
Special expenses are specific costs that a parent can ask the Child Maintenance Service (CMS) to take into account when calculating child maintenance payments. These expenses are not part of the standard calculation and are considered separately to ensure that the payment amount reflects the true financial circumstances of the paying parent.
Understanding special expenses is important because they can have a significant impact on how much child maintenance you are required to pay or entitled to receive. If you have legitimate extra costs related to your child or your situation, making sure these are recognised helps to ensure that the payments set by the CMS are fair and realistic for everyone involved.
The CMS will only consider certain types of special expenses. These can include, for example, the cost of travel for contact with your child, expenses related to supporting children with disabilities, or repaying debts that were taken out for the benefit of the child before the parents separated. Not all additional costs qualify – only those that meet specific criteria set out by the CMS and the relevant law.
It’s important to note that special expenses are different from regular living costs or the credits you might receive for shared care arrangements. Regular expenses, such as rent, utility bills, or food, are not treated as special expenses and are already considered within the standard child maintenance calculation. Similarly, shared care credits apply when a child stays overnight with the paying parent and are a separate part of the calculation process.
If you think you have expenses that should be considered, you can apply to the CMS to have them reviewed. The process involves providing evidence and details about your costs. The CMS will then decide if your expenses qualify and, if so, adjust your maintenance calculation accordingly. For a full overview of how child maintenance payments are calculated and where special expenses fit into the process, see our detailed guide.
The legal basis for special expenses and the child maintenance process is set out in the Child Support Act 1991, which outlines the rules for assessing and enforcing maintenance payments. For more information about the CMS, including how to set up or manage your arrangement, visit the official Child Maintenance Service (CMS) page.
What Are Special Expenses?
When the Child Maintenance Service (CMS) calculates how much child maintenance should be paid, it sometimes takes into account extra costs known as “special expenses.” These are specific, additional financial burdens that can make it harder for a paying parent to meet standard maintenance payments. The aim is to ensure that maintenance payments are fair and reflect a parent’s true ability to pay, especially when they face unavoidable extra costs.
What Qualifies as a Special Expense?
Not all outgoings count as special expenses. Under CMS rules, only certain types of expenses can be considered. To qualify, these expenses must be necessary, reasonable, and directly related to supporting contact with the child or managing particular circumstances. You must also provide evidence of the costs and show that they are not already included in your maintenance calculation.
Common examples of special expenses include:
- High travel costs for contact with the child: If you need to travel a significant distance to see your child, the cost of public transport or fuel may be counted as a special expense. This is particularly relevant if regular contact is required and the costs are substantial.
- Certain debts incurred for the benefit of the child or former partner: Some debts, such as loans taken out to buy essential items for the child (like school uniforms or furniture), may be considered, but general debts or credit card bills usually do not qualify.
- Disability-related costs: If either the paying parent or the child has a disability, extra expenses linked to managing that disability – such as specialist equipment, therapies, or additional care – can sometimes be included. For more detailed legal guidance, see disability-related costs.
- Costs of supporting other children: In some cases, if you are financially responsible for other children, those costs might be relevant, but only if they are not already factored into your maintenance calculation.
For a complete list of what may be considered, as well as the process for applying for a variation based on special expenses, visit the Child Maintenance Service (CMS) guidance.
What Does Not Qualify?
It’s important to understand that not every expense will count as a special expense. Everyday living costs, such as rent or mortgage payments, utility bills, general household expenses, or discretionary spending, are not included. The CMS uses clear criteria to decide which expenses are exceptional and directly affect your ability to pay child maintenance.
Legal Framework
The rules about special expenses are set out in the child maintenance regulations and are informed by the principles in the Children Act 1989, which ensures that child maintenance arrangements are fair and in the best interests of the child. The CMS has the authority to adjust maintenance payments if a parent can demonstrate that special expenses significantly impact their finances.
Why Are Special Expenses Considered?
Special expenses are recognised because they can place an extra financial strain on the paying parent, potentially making the standard maintenance calculation unrealistic or unfair. By allowing for these costs, the CMS aims to strike a balance – ensuring children receive the support they need, while also recognising genuine financial pressures faced by the paying parent.
If you think you have special expenses that should be taken into account, it’s important to gather evidence and contact the CMS to apply for a variation. You can find more information about eligibility and the application process in the official Child Maintenance Service (CMS) guidance.
Common Examples of Special Expenses
Common Examples of Special Expenses
When the Child Maintenance Service (CMS) calculates maintenance payments, it recognises that some parents may face extra, unavoidable costs – known as “special expenses” – which can affect their ability to pay. Understanding what counts as a special expense and how it might impact your payments is crucial for ensuring a fair assessment.
High Travel Costs for Contact with the Child
One of the most common special expenses is the cost of travelling to see your child. If you live a significant distance away – perhaps due to work commitments, relocation, or family circumstances – you may need to make regular journeys for contact. Travel costs can include public transport fares, fuel, or even overnight accommodation if necessary. The CMS may consider these costs as special expenses if they are reasonable, necessary, and directly related to maintaining contact with your child.
Certain Debts Related to the Child or Unavoidable Obligations
Not all debts will be taken into account, but some may be recognised as special expenses. For example, if you have debts that were taken on for the benefit of the child or to provide a home for them (such as a loan for essential household items or rent arrears), these may be considered. The CMS will look at whether the debt was unavoidable and directly linked to the child’s welfare. If you are struggling with such debts, you may benefit from guidance on managing debts effectively, which can help you negotiate with creditors and manage your finances more efficiently.
Disability-Related Expenses and Exceptional Costs
If you or your child has a disability, you may incur extra costs, such as specialist equipment, therapies, or adaptations to your home or vehicle. The CMS can take these disability-related expenses into account if they are necessary and not covered by other sources (like benefits or grants). Other exceptional costs might include medical bills or costs arising from a unique family situation. Each case is considered individually, and you will need to provide evidence of these expenses.
How Special Expenses Affect Maintenance Calculations
When you apply to have special expenses considered, the CMS will ask for detailed evidence – such as receipts, travel tickets, or statements about your debts or disability-related costs. If accepted, these expenses are deducted from your gross weekly income before your child maintenance is calculated. This can reduce the amount you are required to pay, helping ensure the payments reflect your true financial circumstances.
The rules governing special expenses and child maintenance assessments are set out in UK law, particularly in the Child Maintenance and Other Payments Act 2008. This Act provides the legal basis for how maintenance is calculated and what expenses may be taken into account.
Understanding and applying for special expenses can make a significant difference to your child maintenance payments. If you think you may qualify, it’s important to gather all relevant evidence and contact the CMS as soon as possible to discuss your situation.
How the Child Maintenance Service Calculates Special Expenses
When the Child Maintenance Service (CMS) considers special expenses, they follow a structured process to ensure that maintenance payments reflect each parent’s genuine financial situation. Understanding how these expenses are assessed can help you prepare your application and provide the right information from the start.
The CMS Assessment Process
The CMS will review any claim for special expenses as part of their broader calculation of child maintenance payments. Special expenses are additional costs that a paying parent may incur, which can be taken into account when determining how much child maintenance should be paid. These might include expenses like travel costs for seeing your child, costs related to supporting children with disabilities, or paying debts from the former relationship.
To understand how special expenses fit into the bigger picture, you may find it helpful to read about the CMS calculation process.
Providing Evidence and Documentation
When you apply for special expenses to be considered, the CMS will require clear evidence to support your claim. This means you will need to provide documentation such as:
- Receipts for travel costs (for example, train tickets or fuel receipts)
- Invoices or statements for costs related to a child’s disability or special needs
- Proof of payments towards debts that were jointly incurred during the relationship
- Bank statements or other financial records showing these outgoings
The CMS will use this information to verify that your claimed expenses are genuine, reasonable, and directly related to your responsibilities as a parent. If you do not provide sufficient evidence, your application for special expenses may be rejected.
How Special Expenses Affect Maintenance Payments
Once the CMS has reviewed and accepted your evidence, they will adjust your maintenance calculation accordingly. Special expenses are deducted from your gross weekly income before the final child maintenance amount is set. This means your payments could be lowered to reflect the financial burden of these extra costs, ensuring that the amount you pay is fair and realistic.
For more details on the types of costs that might be included and the legal basis for these adjustments, you can refer to the Child Support Act 1991, which outlines the rules for assessing and collecting child maintenance. Further legal guidance on special expenses is also available, particularly if your child has additional needs.
The Importance of Clear Communication
It is vital to keep the CMS informed about your financial circumstances, especially if they change. If you experience new expenses or your situation changes, notify the CMS as soon as possible. Clear and open communication helps ensure that your maintenance payments remain fair and accurate, and can prevent disputes or enforcement action later on.
By understanding the process and providing thorough evidence, you can help the CMS make a decision that reflects your true financial position and ensures support for your child is maintained at a fair level.
How to Apply for Special Expenses Consideration
When you believe your circumstances mean the standard child maintenance calculation is unfair, you can ask the Child Maintenance Service (CMS) to consider “special expenses.” This process ensures that genuine, necessary costs are taken into account, so your maintenance payments reflect your true financial situation. Here’s how to apply for special expenses consideration:
Steps to Request Special Expenses
- Contact the CMS
Begin by informing the CMS that you wish to apply for special expenses consideration. This can be done by phone or in writing. Make sure to do this as soon as possible if your financial situation changes or you incur new, significant costs. - Complete the Relevant Forms
The CMS will provide you with the appropriate forms to detail your special expenses. Complete these forms carefully, ensuring all sections are filled in. - Provide Supporting Evidence
You must submit clear evidence for each expense you want the CMS to consider. This could include: - Receipts or invoices for travel costs related to seeing your child
- Documentation of costs for supporting a child with special needs
- Proof of debts incurred for the benefit of your child (such as loan agreements)
- Bills for costs associated with keeping contact with your child (e.g., overnight accommodation)
- Any other relevant financial documents
The more detailed and organised your evidence, the smoother your application process will be.
Information to Prepare Before Applying
Before you start your application, gather all necessary documents and information, such as:
- Details of the expense (what it is, why it’s necessary, and how much it costs)
- Dates and frequency of the expense (is it one-off or ongoing?)
- Who the expense is for (e.g., which child, or for maintaining contact)
- Any correspondence that supports your claim (such as letters from schools, healthcare professionals, or support workers)
Tips for a Clear and Complete Application
- Be Specific: Clearly explain each expense and how it relates to your child or your ability to maintain contact.
- Stay Organised: Submit all evidence at once and label each document so the CMS can easily match it to your claim.
- Double-Check Forms: Incomplete or unclear applications can cause delays. Review everything before sending.
- Explain Any Unusual Circumstances: If your expenses are higher than average, provide a short written explanation.
For a comprehensive list of what can be considered a special expense, you can refer to the Child Support Act 1991, which sets out the legal basis for these claims.
If your application relates to extra costs for a child with special needs, further guidance is available on special expenses, including what evidence may be most helpful.
What Happens After You Apply
Once your application and evidence are received, the CMS will review your claim. They may contact you for further information or clarification. The possible outcomes are:
- Approval: The CMS agrees your expenses are valid and adjusts your maintenance calculation accordingly.
- Partial Approval: Some expenses are accepted, but others are not.
- Rejection: The CMS decides your claimed expenses do not meet the criteria.
You will receive a written explanation of the decision. If you disagree, you may be able to request a review or appeal the outcome.
By following these steps and providing thorough evidence, you help ensure the CMS can make a fair assessment of your special expenses, leading to a maintenance calculation that truly reflects your circumstances.
Impact of Special Expenses on Child Maintenance Payments
When the Child Maintenance Service (CMS) approves special expenses, these costs are taken into account when calculating how much child maintenance a parent must pay. Special expenses are specific costs that a paying parent incurs, such as travel expenses related to seeing their child, costs for supporting children with disabilities, or fees for maintaining contact. By recognising these extra financial commitments, the CMS aims to ensure that maintenance payments are fair and accurately reflect each parent’s real financial situation.
How Special Expenses Affect Payment Amounts
Once special expenses are approved, the CMS deducts them from the paying parent’s gross weekly income before working out the maintenance payment. This means the amount you’re required to pay for child maintenance may be reduced, as your ability to pay is assessed after considering these additional costs. For example, if you have significant travel costs to see your child, these can be offset against your income, leading to a lower maintenance calculation.
This approach is grounded in the legal framework set out by the Child Maintenance and Other Payments Act 2008, which gives the CMS the authority to consider special circumstances when determining maintenance payments.
Ensuring Fairness in Child Maintenance
The purpose of factoring in special expenses is to make child maintenance payments fair for both parents and children. By recognising genuine, necessary costs, the system avoids placing an unreasonable financial burden on the paying parent. This ensures that maintenance payments are based on what the parent can realistically afford, while still supporting the child’s needs.
Changes in Special Expenses and Ongoing Calculations
Special expenses are not fixed indefinitely. If your circumstances change – for example, if your travel costs increase or decrease, or if a particular expense ends – you must inform the CMS. They will review the new information and recalculate your maintenance payments if necessary. This helps ensure that your payments always reflect your current financial situation.
Regularly reviewing your special expenses and updating the CMS helps prevent overpayments or underpayments, and keeps the maintenance arrangement fair for everyone involved.
Special Expenses and Shared Care Credits
Special expenses are just one of several factors that can influence your child maintenance calculation. Another important consideration is shared care credits, which reduce the amount of maintenance you pay if your child stays overnight with you for a certain number of nights each year. Both special expenses and shared care credits can work together to lower your maintenance payments, but they are assessed separately. Understanding how each factor is applied can help you see the full picture of your financial obligations and rights.
If you want to know more about how shared care credits might affect your situation, visit our dedicated page on shared care credits.
Practical Advice
- Keep records: Maintain clear documentation of your special expenses, such as receipts for travel or proof of disability-related costs.
- Report changes promptly: Inform the CMS as soon as your expenses change to avoid incorrect payment amounts.
- Review your calculation: If you think your special expenses haven’t been properly considered, you can ask the CMS to review your case.
By understanding how special expenses impact your child maintenance payments, you can ensure that the amount you pay is fair, accurate, and reflective of your true financial situation. For more information on the legal basis for these calculations, you can read the Child Maintenance and Other Payments Act 2008.
Related Financial Considerations for Parents
When considering special expenses for child maintenance, it’s important for parents to also look at the wider financial picture. Several related issues can impact your ability to pay or receive fair maintenance, and understanding these can help you make informed decisions or apply for adjustments through the Child Maintenance Service (CMS).
Managing Debts and Their Impact
If you’re struggling with debts that reduce your ability to pay child maintenance, some of these may be classed as special expenses by the CMS – particularly if the debts were incurred for the benefit of the child or to meet essential living costs. For example, loans taken out to pay for a child’s medical care or education might be considered. If debts are affecting your financial stability, you may benefit from guidance on managing debt, which can help you understand your options and how to present your case to the CMS.
Housing Costs and Maintenance Payments
Housing costs, such as rent or mortgage payments, are a significant part of most parents’ budgets. While not all housing expenses can be claimed as special expenses, unusually high or necessary costs – like those required to provide suitable accommodation for your child during visits – may be taken into account. If you’re finding it challenging to balance housing costs with your maintenance obligations, you can explore resources on help with housing costs to see what support might be available.
Financial Responsibilities for Adult Children
Parents sometimes continue to support children who are over 16 (or 20, if they’re in approved education or training). While standard child maintenance usually stops at this point, there are situations where you may still have financial responsibilities for adult children, especially if your child has a disability or special needs. These ongoing commitments can affect your overall finances and may be relevant when discussing special expenses with the CMS. For more on this, see the guidance on Special Expenses.
Universal Credit and Reporting Special Expenses
If you receive Universal Credit, changes in your income or special expenses can affect both your maintenance payments and your benefit entitlement. It’s important to keep the CMS updated about any changes, as well as report them to the Department for Work and Pensions. For up-to-date information on how Universal Credit interacts with special expenses and maintenance, check out changes and updates on Universal Credit. You can also use Citizens Advice to check how much Universal Credit you’ll get to understand how your income and expenses might affect your monthly payment.
Workplace Accommodations and Balancing Responsibilities
Balancing work, caring for your child, and meeting financial obligations can be challenging, especially if you have to adjust your working hours or responsibilities. UK law gives parents certain rights to request flexible working or other workplace accommodations. These adjustments can make it easier to manage your caring and financial responsibilities, and may also be relevant if changes in your work situation affect your ability to pay child maintenance.
By understanding these related financial considerations, you can better prepare for discussions with the CMS and ensure your maintenance payments reflect your true circumstances. For further information on how the CMS calculates payments and what counts as a special expense, visit Child Maintenance Payments.
