Understanding Maintenance Orders
A maintenance order is a legal arrangement that requires one parent to make regular financial payments to support their child when parents live apart. These payments help cover the everyday costs of raising a child, ensuring their well-being and stability. Maintenance orders can be set up either by the courts or, more commonly in recent years, through the Child Maintenance Service (CMS), which is the government body responsible for managing and enforcing these arrangements in the UK.
The main purpose of a maintenance order is to make sure that children receive the financial support they need, regardless of their parents’ relationship status. This helps provide a consistent and fair approach to supporting children after separation or divorce. The rules and legal framework for maintenance orders are set out in the Child Support Act 1991, which outlines how maintenance is assessed, collected, and enforced.
Circumstances can change over time – such as changes in income, employment, or family needs – which may mean that an existing maintenance order no longer reflects what is fair for all parties involved. In these cases, it is possible to apply to the CMS to change the terms of the order so that it continues to meet the child’s needs. For a broader understanding of the principles and options available, you may find it helpful to read more about child maintenance.
When Can You Change a Maintenance Order?
If your circumstances have changed since your original child maintenance order was set up, you may be able to request a change – known as a “variation” – through the Child Maintenance Service (CMS). Common reasons for seeking a variation include changes in income (such as a new job or redundancy), increased or decreased childcare costs, or a significant change in living arrangements for you or your child.
Under CMS rules, you must show that there has been a significant change in your situation for a variation to be considered. Not every change will qualify; the CMS will assess whether the change is substantial enough to affect the maintenance amount. For more details about what counts as a significant change and the official process, visit the Child Maintenance Service: Changes you need to report.
To understand exactly when and how you can apply for a variation, including the specific eligibility and grounds for variation, see our detailed guide. This will help you determine if your situation meets the legal requirements for changing a maintenance order.
How to Apply to Change a Maintenance Order
If you need to change an existing child maintenance order, you must apply for a variation through the Child Maintenance Service (CMS). This process is governed by the rules set out in the Child Support Act 1991, which outlines when and how maintenance arrangements can be adjusted.
To begin, you’ll need to provide clear reasons for requesting a change and gather supporting evidence, such as proof of changes in income or circumstances. The CMS will review your application, and there may be a fee to process your request.
For a step-by-step guide on what information is required, how to submit your application, and what happens after you apply, see our detailed application process for changing a maintenance order.
If you’re new to the system or want to understand the basics, you may also find our page on applying for child maintenance helpful.
Eligibility and Grounds for Variation
If you need to change an existing child maintenance order set up through the Child Maintenance Service (CMS), you must meet certain eligibility criteria and have valid reasons – known as “grounds for variation.” Typically, either parent can request a variation if circumstances have changed, such as a significant change in income, new shared care arrangements, or special expenses related to the child’s needs. It’s important to understand the difference between a standard CMS calculation and a variation: while the standard calculation follows set rules, a variation allows for adjustments based on unique circumstances.
To find out exactly who can apply, what counts as valid grounds, and whether your situation qualifies, see our detailed guide on eligibility and grounds for variation.
Timelines and Effect of Variation
When you apply to change a child maintenance order through the Child Maintenance Service (CMS), it’s important to understand how long the process may take and when any new payment arrangements will begin. The timeframes can vary depending on the complexity of your case and whether further information is needed from either parent.
Once a variation is approved, changes to your payments usually start from the date the CMS makes its decision, rather than the date you applied. This can affect how much you pay or receive going forward, and it may also impact your ongoing responsibilities under the maintenance order. If your request for a variation is denied, the existing payment arrangements will continue as before.
For a detailed breakdown of how long the variation process typically takes, when changes come into effect, and the specific impact on payment amounts and responsibilities, visit our page on the effect of variation on payments.
You can also refer to the Child Support Act 1991 for the legal framework that governs maintenance orders, or explore recent case law in the article, Variation of Maintenance Orders, for further insights.
What to Do if Your Variation Request is Denied
If your request to vary a child maintenance order has been refused by the Child Maintenance Service (CMS), you still have options. You can challenge the decision through the formal appeals process. This allows you to ask for the decision to be reviewed or reconsidered, especially if you believe the CMS has made a mistake or not taken all relevant information into account.
How to Appeal
Start by reviewing the reasons given for the refusal. If you think the decision is incorrect, you can appeal. The law governing this process is set out in the Appeals process under the Child Support Act 1991, which gives you the right to challenge CMS decisions through a child support appeal tribunal.
Preparing Your Appeal
To strengthen your case, gather any new or additional evidence that supports your request for a variation. This could include financial documents, proof of changes in circumstances, or any other relevant information. Clearly explain why you believe the original decision should be changed.
Time Limits
It’s important to act quickly. There are strict time limits for appealing CMS decisions. In most cases, you must start the process within 28 days of receiving the decision. For more details, see the official guidance on Time limits for appealing decisions.
Further Guidance
For more information on how to challenge CMS decisions and what to expect, visit our page on appeals and disputes related to child maintenance. This will guide you through the steps and help you understand your rights and responsibilities.
Additional Considerations When Changing Maintenance Orders
When considering changes to a maintenance order, it’s important to look beyond just income or employment changes. Other factors can significantly impact how much maintenance is paid and to whom.
A change in child arrangements – for example, if your child moves to live with the other parent or spends more nights in shared care – can directly affect the amount of maintenance required. The Child Maintenance Service (CMS) will consider where the child lives most of the time and how much time they spend with each parent when calculating payments.
Adjustments in childcare costs or the amount of shared care can also influence a maintenance order. If, for instance, one parent begins paying more for childcare, or there is a significant shift in the time the child spends with each parent, it’s essential to inform the CMS. This ensures the maintenance calculation reflects your current situation.
Keeping the CMS updated with any changes in circumstances is not just good practice – it is a requirement. Failing to provide accurate, up-to-date information could lead to incorrect payments or even enforcement action.
If your child is over 18 or has a disability, different rules may apply. For more details, see our section on maintenance for adult or disabled children.
All maintenance arrangements must comply with the legal framework set out in the Children Act 1989, which guides decisions about children’s welfare and parental responsibilities. Reviewing these additional considerations will help ensure your maintenance order remains fair and legally compliant as circumstances change.
Related Topics to Explore
Exploring related topics can help you better understand your rights and responsibilities when it comes to child maintenance and family arrangements. If you’re considering changing a maintenance order, you may also want to learn more about the following areas:
- Appeals and disputes – child maintenance: Find out how to challenge or appeal a decision made by the Child Maintenance Service (CMS), including the steps involved and the grounds for appeal.
- Enforcement and collection – child maintenance: Understand what happens if child maintenance payments are missed or not paid in full, and the enforcement actions the CMS can take.
- Private child maintenance agreements: Learn about setting up your own agreement outside of the CMS, which can offer more flexibility for some families.
- Financial orders after divorce: Discover the different types of financial orders available after separation or divorce, including those that relate to child and spousal maintenance. For a deeper understanding of spousal maintenance, you may find this article on Financial Orders helpful.
- Types of separation: Find out how different separation arrangements can impact child maintenance responsibilities and entitlements.
- Flexible working arrangements: See how your rights to flexible working could affect your ability to balance work and caring for your children after separation.
- Help if you have children: Access a general overview of the legal support available for parents, including guidance on financial responsibilities and where to get further help.
Exploring these topics can help you make informed decisions and ensure you are meeting your legal obligations as a parent.
