Introduction to the Child Maintenance Process
The Child Maintenance Service (CMS) plays a vital role in helping separated parents provide financial support for their children. When parents live apart, ensuring that children receive consistent and fair financial contributions from both parents is essential for their wellbeing and development. The CMS offers a structured way to arrange, calculate, and, if necessary, enforce child maintenance payments, giving parents clarity and support throughout the process.
Arranging child maintenance through the Child Maintenance Service can offer reassurance to both parents. It helps ensure that payments are calculated fairly, based on each parent’s income and circumstances, and that children receive the support they are entitled to. For many families, using the CMS can reduce conflict and provide a clear, legally backed framework for managing ongoing financial responsibilities.
The process begins when one parent applies to the CMS for help. After the initial application, the CMS will gather information from both parents to assess how much maintenance should be paid. This calculation is guided by legal rules set out in the Child Support Act 1991, which outlines how maintenance is assessed, collected, and enforced in the UK. The Act ensures that maintenance arrangements are consistent and enforceable, protecting the interests of the child.
Once the amount is determined, parents can choose to arrange payments directly between themselves (known as a ‘Direct Pay’ arrangement) or have the CMS collect and transfer payments (the ‘Collect and Pay’ service). If payments are missed or disputes arise, the CMS has legal powers to enforce payments, including deducting money directly from wages or bank accounts.
Understanding each step of the process – from application and assessment to payment and enforcement – can help parents feel more confident and prepared. By using the CMS, parents benefit from a clear, impartial system designed to put children’s needs first and ensure financial support is provided reliably.
Starting the Process: Applying to the CMS
When you decide to use the Child Maintenance Service (CMS) to arrange child maintenance payments, the first step is to submit an application. This process is designed to help parents who cannot agree on child maintenance arrangements privately, or who prefer the security and structure offered by the CMS.
How to Apply to the CMS
You can start applying to the CMS online, by phone, or by post. Before you apply, it’s important to check if you’re eligible and whether you need to pay the £20 application fee (some applicants, such as victims of domestic abuse or those under 19, may be exempt).
During the application, you’ll be asked for key information, including:
- Your full name and contact details
- The child’s details (such as name and date of birth)
- The other parent’s name, address, and contact information
- National Insurance numbers (if available)
- Details about any existing arrangements or court orders related to child maintenance
Having this information ready will help ensure your application is processed as quickly as possible.
What Happens After You Apply
Once you’ve submitted your application, the CMS will review the details you’ve provided and contact both parents. The service will:
- Confirm Identities and Details: The CMS will verify the information from both parents, including employment status and income. They may contact employers or use data from HM Revenue & Customs.
- Calculate the Payment: Using government guidelines and the information gathered, the CMS will calculate the amount of child maintenance due. This calculation is based on the paying parent’s gross weekly income and factors such as how many children are involved and how often they stay overnight with each parent.
- Set Up the Arrangement: You’ll be asked to choose how payments will be made – either through “Direct Pay” (where parents pay each other directly) or “Collect and Pay” (where the CMS collects and passes on payments, for an extra fee).
How Long Does the Process Take?
The time it takes to process a CMS application can vary, but most applications are dealt with within 4 weeks. Delays can occur if there is difficulty contacting the other parent or if additional information is needed. To help avoid delays, make sure you provide accurate and complete details when you apply.
If you want more detailed guidance on each step of the application, see our page on applying to the CMS.
Understanding the application process helps ensure you’re prepared and can access the support your child needs as quickly as possible. If you have concerns about your circumstances or need help gathering information, the CMS or a legal adviser can provide further assistance.
How CMS Calculates Child Maintenance Payments
When the Child Maintenance Service (CMS) calculates how much a paying parent should contribute, it follows a set process designed to be fair and consistent. The calculation is based on government guidelines and takes several important factors into account.
Income Assessment
The starting point for any CMS calculation is the gross weekly income of the paying parent. This usually means income before tax and National Insurance, but after pension contributions. CMS typically uses information from HM Revenue & Customs (HMRC) to ensure the figures are accurate and up-to-date. If the paying parent’s income changes significantly, the payment amount may be reviewed.
For a deeper look at how CMS works out the payment, including the different income bands and percentage rates applied, see the calculation of payment amounts.
Number of Children
The amount a parent is required to pay depends on how many children are covered by the maintenance arrangement. Generally, the more children there are, the higher the payment. CMS applies set percentages to the paying parent’s gross income, increasing with each child.
Shared Care Arrangements
If the paying parent looks after the child or children overnight for at least one night a week, this is known as shared care. The CMS reduces the payment amount to reflect the time the child spends with each parent. The more nights the child stays with the paying parent, the greater the reduction in the maintenance payment. For more details on how overnight stays affect the calculation, read about shared care arrangements.
Other Factors and Special Expenses
In some cases, there are additional circumstances that can affect the payment amount. These might include costs related to maintaining contact with the child, such as travel expenses, or costs for supporting other children in the paying parent’s household. The CMS can consider these when working out the final amount. For more information on what can be taken into account, see special expenses.
Practical Example
Suppose a paying parent earns £400 a week before tax and pays into a pension. They have two children covered by the CMS arrangement and the children stay with them two nights a week. CMS would start with the gross income, apply the relevant percentage for two children, and then reduce the amount to reflect the shared care arrangement.
What If Circumstances Change?
If your income, number of children, or care arrangements change, you should inform CMS as soon as possible. This ensures payments remain fair and accurate for everyone involved.
Understanding how CMS calculates child maintenance can help both parents plan and avoid disputes. If you need more detailed information or want to see how specific rules might apply to your situation, explore the links above for further guidance.
Timeline of the CMS Process
Timeline of the CMS Process
Understanding the timeline of the Child Maintenance Service (CMS) process can help parents plan and manage their expectations at each stage. Here’s a step-by-step guide to what typically happens, how long each step may take, and what you can do if delays occur.
1. Application Stage
The process begins when you submit your application to the CMS. Generally, it takes about 2 to 4 weeks from the point of applying to the CMS to the calculation of your first child maintenance payment. During this stage, the CMS will collect essential information from both parents, such as income details and the number of children involved.
While waiting, you will receive regular updates from the CMS, often by letter or phone. If further information is needed, the CMS will contact you directly, which can sometimes extend the process.
2. Calculation Stage
Once all required information is gathered, the CMS calculates the amount of child maintenance due. This calculation is based on factors set out in the Child Support Act 1991, including the paying parent’s income, the number of children, and how often the children stay overnight with each parent.
The calculation stage typically takes up to 2 weeks. Both parents will receive a breakdown of the calculation and an explanation of how the amount was determined.
3. Agreement and Set-Up
After the calculation, the CMS will confirm the payment schedule and method. If both parents agree, payments can start promptly using the “Direct Pay” service, where the paying parent sends money directly to the receiving parent. If there is disagreement or difficulty, the CMS can manage the payments through their “Collect and Pay” service, which may take a little longer to arrange.
Setting up payment arrangements usually takes 1 to 2 weeks after the calculation is finalised. The CMS will keep you informed of progress and provide details on when to expect your first payment.
4. Payment and Ongoing Management
Once payments begin, they should follow the agreed schedule – usually weekly or monthly. If payments are missed or late, the CMS has enforcement powers under the Child Support Act 1991 to recover arrears, including deductions from wages or bank accounts.
Ongoing communication is important. The CMS will notify both parents if there are any changes to the arrangement, such as a change in income or family circumstances.
What to Expect During Waiting Periods
Throughout the process, you should receive regular updates from the CMS, either by post or phone. If you have concerns or haven’t heard anything for several weeks, it’s advisable to contact the CMS directly for an update.
Delays and What to Do
Delays can happen if:
- The CMS has difficulty contacting one of the parents.
- Information or documents are missing or unclear.
- There are disputes over the details provided.
If you experience a delay, stay in touch with the CMS and provide any requested information as quickly as possible. If you believe there is an unreasonable delay or you are not being kept informed, you can raise a complaint with the CMS.
Practical Tips
- Make sure all your contact details and information are correct when applying to the CMS.
- Respond promptly to any requests for additional documents or clarification.
- Keep a record of all communications with the CMS for reference.
By understanding the typical timeline and knowing your rights under the Child Support Act 1991, you can navigate the CMS process more confidently and ensure your child receives the support they are entitled to.
Managing and Changing Maintenance Arrangements
When your circumstances change – such as a change in income, employment status, or family situation – it’s important to update your child maintenance arrangements to ensure payments remain fair and accurate. The Child Maintenance Service (CMS) has a clear process for managing and changing maintenance arrangements, whether you need to increase, decrease, or otherwise adjust the amount being paid.
Requesting Changes to Maintenance Payments
If you or the other parent experiences a significant change, you can ask CMS to review your case. Common reasons for requesting a change include:
- A change in either parent’s income (such as a new job or redundancy)
- A change in the number of children being supported
- Changes in shared care arrangements
- A child reaching the age where maintenance payments are no longer required
To start the process, contact CMS as soon as possible. You’ll need to provide details about the change and may be asked for supporting evidence, such as payslips, proof of benefits, or official documents confirming the new circumstances.
Applying for a Variation
A variation is a formal request to change the amount of child maintenance calculated by CMS. You might apply for a variation if:
- The paying parent has additional income not included in the original calculation (for example, from rental properties or investments)
- There are special expenses, such as the cost of maintaining contact with the child or supporting a child with a disability
To apply for a variation, you’ll need to explain why the standard calculation doesn’t reflect your situation and provide evidence to support your case. This could include bank statements, receipts, or letters from employers. CMS will review the information provided and decide whether a change is justified.
For more detailed guidance on this process, see our page on changing a maintenance order.
When Do Changes Take Effect?
Once you notify CMS of a change, they will review your case and may ask for further information. If your request is approved, the change usually takes effect from the date you reported the change, not from when the decision is made. This means it’s important to inform CMS as soon as possible to avoid overpayments or arrears.
CMS will confirm any changes in writing, explaining the new payment amount and when it starts. Both parents will receive updated payment schedules, and any adjustments will be reflected in future payments.
Practical Advice
- Keep all relevant documents and evidence ready to speed up the review process.
- Inform CMS promptly of any changes to avoid disputes or delays.
- If you disagree with a CMS decision, you have the right to ask for a mandatory reconsideration or appeal.
Managing and changing maintenance arrangements doesn’t have to be complicated when you understand the process and your rights. By staying in contact with CMS and providing accurate information, you can help ensure that your child continues to receive the support they need.
Payment Collection and Enforcement
When it comes to receiving child maintenance, understanding how payments are collected and what happens if they are missed is crucial. The Child Maintenance Service (CMS) offers different ways to manage payments and has clear procedures in place to ensure that maintenance is paid on time and in full.
How CMS Collects and Passes On Payments
There are two main ways child maintenance payments can be handled:
1. Direct Pay
With Direct Pay, the CMS calculates the amount of maintenance owed, but the paying parent sends payments directly to the receiving parent. This option is often chosen when both parents are able to communicate and trust that payments will be made regularly. The CMS does not handle the money itself, but it can step in if payments are missed or if there are disputes about what has been paid.
2. Collect and Pay
If Direct Pay is not suitable – for example, if there is a history of missed payments or communication is difficult – the CMS can manage the collection and transfer of payments through the Collect and Pay service. In this arrangement, the paying parent sends the money to the CMS, which then passes it on to the receiving parent. This system provides more oversight and helps ensure that payments are made on time, but it does involve additional fees for both parents.
What Happens If Payments Are Missed?
If a paying parent misses a payment or pays late, the CMS has a range of enforcement powers to help ensure that child maintenance is paid. The steps the CMS may take include:
- Sending reminders and warnings to the paying parent about missed payments.
- Collecting payments directly from the paying parent’s wages through a Deduction from Earnings Order. This means money is taken straight from their salary by their employer before they are paid.
- Taking money directly from bank or building society accounts using a Deduction Order.
- Taking court action, which can lead to enforcement orders, charging orders against property, or even the possibility of disqualification from driving and, in extreme cases, imprisonment.
The CMS follows a structured process to encourage voluntary payment first, but it can move quickly to enforcement if necessary to protect the interests of the child.
For a more detailed overview of the steps the CMS can take, including the legal powers available and what to expect if enforcement action is needed, visit our comprehensive guide to enforcement and collection.
Practical Advice
- If you are a paying parent, it’s important to keep up with your payments and communicate with the CMS if you are struggling. Missing payments can lead to extra fees and legal action.
- If you are a receiving parent, keep records of payments and contact the CMS promptly if payments stop or are late.
- Both parents should be aware of the fees involved in the Collect and Pay service, as well as the possible consequences of enforcement action.
Understanding the payment collection and enforcement process helps ensure that child maintenance is managed smoothly and that children receive the financial support they need.
Appealing CMS Decisions
If you disagree with a decision made by the Child Maintenance Service (CMS) – whether it’s about the amount you’re asked to pay or receive, or how payments are being enforced – you have the right to challenge it. Understanding how to appeal CMS decisions can help you protect your interests and ensure any errors are addressed promptly.
Steps to Take If You Disagree with a CMS Decision
- Ask for a Mandatory Reconsideration
Before you can formally appeal, you must first request a “mandatory reconsideration.” This means asking the CMS to review their decision. You should do this as soon as possible after receiving the decision letter, as there are strict deadlines. - How to Request a Reconsideration
You can request a reconsideration by contacting the CMS directly – either by phone or in writing. Clearly state which part of the decision you disagree with and why. It’s helpful to include any supporting evidence, such as payslips, bank statements, or other documents that back up your position. - Deadlines to Remember
You must ask for a mandatory reconsideration within one month of the date on your decision letter. If you miss this deadline, you may still be able to ask for a review, but you’ll need to explain why your request is late and provide evidence for any exceptional circumstances. - What Happens Next
The CMS will review your case and send you a “mandatory reconsideration notice” outlining their new decision. If you’re still unhappy after this, you can move on to a formal appeal.
Starting the Appeals Process
If the outcome of the mandatory reconsideration is not satisfactory, you can appeal to an independent tribunal. This tribunal is separate from the CMS and will look at all the evidence before making a decision.
- How to Appeal:
You’ll need to complete and submit an appeal form, which will be provided with your reconsideration notice. Make sure to include all relevant documents and clearly explain your reasons for appealing. - Deadlines:
You must submit your appeal within one month of receiving your mandatory reconsideration notice. Missing this deadline could mean losing your right to appeal, unless you have a good reason for the delay. - What to Expect:
The tribunal will review your case, and you may be invited to a hearing – either in person, by phone, or video call. You can represent yourself or have someone else speak on your behalf.
For a step-by-step guide and further details on how to challenge a CMS decision, see our appeals process.
Documentation You’ll Need
When appealing a CMS decision, it’s important to gather and submit all relevant documents, such as:
- The original CMS decision letter and mandatory reconsideration notice
- Evidence of income (e.g. payslips, tax returns)
- Bank statements or proof of payments
- Any correspondence with the CMS related to your case
Submitting complete and accurate documentation will help ensure your appeal is considered fairly and efficiently.
Practical Tips
- Act Quickly: Always pay close attention to the deadlines for each stage of the process.
- Keep Records: Save copies of all correspondence and documents you send or receive.
- Be Clear: Clearly explain your reasons for disagreeing with the decision and support your case with evidence.
Appealing a CMS decision can feel daunting, but following the correct process and providing the right information can make a significant difference. If you need more help, refer to our appeals process for detailed guidance on each step.
Supporting Adult or Disabled Children
When children reach the age of 16, or 20 if they remain in approved education or training, standard child maintenance arrangements through the Child Maintenance Service (CMS) typically come to an end. However, there are situations where financial support may still be necessary, particularly for adult children who have a disability or ongoing educational needs.
Maintenance Obligations for Adult or Disabled Children
In the UK, parents may still have a legal or moral responsibility to support their children after they turn 18, especially if the child is unable to support themselves due to a disability or ongoing education. The CMS, however, generally only manages maintenance for children under 16, or under 20 if they are in full-time, approved education. For children who are over this age and have a disability, the rules are different.
If you are seeking support for a child who is now an adult or has a disability, you may need to consider making a direct arrangement with the other parent or, in some cases, apply to the court for a maintenance order. Maintenance for adult or disabled children is not automatically handled by the CMS, but there are legal avenues available to ensure ongoing support where it is needed.
For a detailed explanation of your options and the specific circumstances in which maintenance can continue, see this guide on maintenance for adult or disabled children.
How CMS Handles Payments in Special Cases
The CMS’s role is limited when it comes to adult or disabled children. If your child is over 16 but still in approved education, the CMS can continue to arrange payments up until they turn 20. Once your child leaves education or reaches 20, the CMS will stop managing maintenance payments. For disabled adult children who are not in education, the CMS cannot enforce or arrange maintenance payments – these must be pursued through other legal channels, such as a court application.
It’s important to note that, in special cases involving severe disability, a court may decide that ongoing financial support is appropriate and can issue a maintenance order accordingly.
Additional Support Options for Families
Families with adult or disabled children may be able to access additional support through other benefits or local authority services. While the CMS may not be able to help directly, you can explore other forms of financial assistance, such as disability benefits or grants for carers. It’s also possible to seek legal advice to understand your rights and responsibilities, and to help negotiate a private arrangement or court order if necessary.
If you are unsure about your options or need further guidance, reviewing the available information on maintenance for adult or disabled children is a good starting point. This resource explains the process in detail and outlines your next steps based on your family’s circumstances.
Alternatives to Using the CMS
When considering child maintenance arrangements, you do not have to use the Child Maintenance Service (CMS). Many parents find that making their own arrangements – known as private child maintenance agreements – can be a simpler and more flexible option.
What Are Private Child Maintenance Agreements?
Private child maintenance agreements are arrangements made directly between parents about how much and how often maintenance will be paid, without involving the CMS. These agreements can cover regular payments, one-off sums, or other forms of support, and can be tailored to suit your family’s needs. To learn more about how these arrangements work, see our guidance on private child maintenance agreements.
Pros and Cons of Private Arrangements
Advantages:
- Flexibility: Parents can agree on payment amounts, dates, and methods that fit their circumstances.
- Speed: Arrangements can be put in place quickly, without waiting for CMS processing times.
- No Fees: There are no application or ongoing service fees, unlike with the CMS.
- Privacy: Details of the agreement remain between the parents.
Disadvantages:
- Enforcement: If one parent stops paying, there is no automatic enforcement. You may have to apply to the CMS or the courts to recover unpaid amounts.
- Lack of Formality: Informal agreements may lead to misunderstandings if not clearly written down.
- No Official Calculation: Without the CMS, there is no official assessment to determine a fair payment amount.
Making a Private Agreement Legally Binding
While informal agreements rely on trust, you can make your private arrangement legally binding by applying to the court for a ‘consent order’. This is a legal document that sets out the terms of your agreement. If either parent fails to pay as agreed, the other parent can ask the court to enforce the order.
The law governing child maintenance, including private agreements and their enforcement, is set out in the Child Support Act 1991. This Act outlines parents’ legal responsibilities and the mechanisms available if private agreements break down.
Before making any private arrangement, it’s a good idea to put everything in writing and keep a clear record of payments. This can help avoid disputes later and provide evidence if you need to seek enforcement.
If you are unsure whether a private agreement is right for you, or want to understand your options in more detail, explore our information on private child maintenance agreements.
Additional Support and Resources
When managing child maintenance through the Child Maintenance Service (CMS), it’s important to know about other types of support that may be available to you and your family. In addition to regular maintenance payments, you may be entitled to further financial assistance, housing support, and workplace accommodations to help balance your responsibilities.
Financial Benefits and Assistance
Raising children can bring extra financial pressures. The UK offers a range of benefits and support schemes for families. These can include Child Benefit, tax credits, and schemes like Universal Credit, which is designed to help with living costs if you’re on a low income or out of work. If you are receiving child maintenance payments, it’s worth noting that these payments do not affect your entitlement to Universal Credit. For a full overview of how Universal Credit interacts with child maintenance and other benefits, see Universal Credit: further information for families – GOV.UK.
You may also want to explore other financial benefits for families, including help with childcare costs, free school meals, and disability benefits if your child has additional needs. Eligibility for these benefits can depend on your income, family circumstances, and the age of your children.
Housing Support
If you are dealing with changes to your family situation, such as separation or moving home, you may be able to get help with housing costs. This could include support with rent payments, council tax reductions, or assistance if you need to find new accommodation. For a detailed overview of what help is available and how to apply, visit our section on housing assistance. Local councils can also provide advice and, in some cases, emergency accommodation if you are at risk of homelessness.
Flexible Working and Workplace Support
Balancing work and parenting responsibilities can be challenging, especially if you are the main carer for your children. UK law gives parents the right to request flexible working arrangements from their employer, which might include changing your working hours, working from home, or job sharing. Employers must consider these requests reasonably, and there are specific procedures to follow. To learn more about your rights and how to make a request, see our guide on flexible working accommodations.
Further Help and Advice
If you need more help with child maintenance or related family support issues, there are several places to turn for advice:
- The Child Maintenance Service itself can answer questions about your case and the process.
- Local Citizens Advice offices offer free, confidential guidance on benefits, housing, and employment rights.
- Charities and support groups for single parents or separated families can provide emotional support and practical tips.
If you are unsure about your entitlements or need personalised advice, it’s always best to seek support early. For more comprehensive information on financial, housing, and workplace support for families, explore the resources linked above or contact your local authority.
