What is Child Maintenance?
Child maintenance is the regular financial support paid by a parent who does not live with their child (often called the non-residential parent) to help cover the everyday costs of raising that child. Its main purpose is to ensure that children’s basic needs – such as food, clothing, housing, and education – are met, regardless of the parents’ relationship status.
In the UK, child maintenance can be arranged in two main ways: privately, through a family-based agreement between the parents, or through the government-run Child Maintenance Service. Both options are designed to provide financial stability for children when parents live apart.
The legal rules around child maintenance are set out in the Child Maintenance and Other Payments Act 2008, which outlines how maintenance should be calculated, managed, and enforced. These laws are a key part of family law in the UK, reflecting the importance placed on protecting children’s welfare after separation or divorce.
Understanding how child maintenance fits within the wider family law overview can help parents make informed decisions about the best arrangements for their children. This page links to related topics, offering guidance on the legal process, your options, and where to get further support.
Applying for Child Maintenance
Applying for child maintenance is an important step in ensuring your child receives the financial support they need. In the UK, either parent or anyone with care of a child can apply for child maintenance at any time, whether you are separated, divorced, or were never in a relationship with the other parent.
Ways to Arrange Child Maintenance
There are two main options for arranging child maintenance:
- Private Agreements: Parents can agree between themselves on the amount and frequency of payments. This approach offers flexibility, but relies on both parties cooperating.
- Through the Child Maintenance Service (CMS): If private agreements are not possible or have broken down, you can use the Child Maintenance Service (CMS) to help set up, calculate, and enforce payments. The CMS operates under rules set out in the Child Support Act 1991.
Applying Through the Child Maintenance Service
If you choose to use the CMS, you will need to follow a specific process. You can find detailed guidance on how to apply for child maintenance, including eligibility and fees.
What you’ll need to apply:
- Your National Insurance number
- Details about the other parent (such as full name, address, and date of birth)
- Information about your child or children
- Bank account details (for receiving payments)
- Any relevant court orders (if applicable)
What Happens Next
Once you submit your application, the CMS will review your information, contact the other parent, and calculate the amount of maintenance to be paid. For a step-by-step overview of what to expect, see the Child Maintenance Service process.
The timeline can vary, but you should receive updates from the CMS as your application progresses. For more practical advice on using the service, visit the Child Maintenance Service (CMS) resource.
Calculation of Child Maintenance Payments
Calculating how much child maintenance should be paid is a key part of ensuring children receive the financial support they need. In the UK, the amount is usually determined using rules set out by the Child Maintenance Service (CMS), based on legislation such as the Child Maintenance and Other Payments Act 2008.
The calculation mainly looks at the gross weekly income of the paying parent. The number of children to be supported and the amount of time the children spend with each parent are also important factors. If the paying parent has other children living with them, or if there are shared care arrangements, this can affect the final payment amount.
There are standard rates set by the CMS, but these can be adjusted in certain situations. For example, if the paying parent has very low income, they may pay a reduced or nil rate. On the other hand, if there are special expenses affecting child maintenance – such as costs related to travel for contact or supporting a child with a disability – these may be taken into account and could alter the payments.
Understanding how the child maintenance calculation works is important for both parents. It can help prevent disagreements and ensure that arrangements are fair and in line with UK law. If you’re unsure how your situation fits the rules, exploring the official guidance or seeking advice can be helpful.
Private Child Maintenance Agreements
Private child maintenance agreements are arrangements made directly between parents about how much financial support will be provided for their children, without using the government’s Child Maintenance Service (CMS). Unlike CMS arrangements, which are calculated and enforced by a government agency, private agreements rely on both parents reaching a mutual understanding and sticking to it. For a detailed explanation of how these private child maintenance agreements work, you can explore our dedicated guide.
There are several benefits to choosing a private agreement. These arrangements offer flexibility, allowing parents to tailor payments to their specific circumstances and adjust them as needed. Private agreements can also be quicker and less stressful, avoiding the fees and formal processes associated with the CMS.
However, there are risks. Private agreements are not legally binding unless made into a court order, so if one parent stops paying, the other may have limited options for enforcement. Disagreements or changes in circumstances can lead to breakdowns in the arrangement.
To create a clear and fair private agreement, it’s important to put everything in writing. Agree on how much will be paid, how often, and how payments will be made. Both parents should keep a record of all communications and payments. Referring to the Child Support Act 1991 can help you understand the legal background and what should be considered when making an agreement.
If a private agreement breaks down – for example, if payments stop or disputes arise – parents can try to resolve issues directly or with the help of mediation. If this does not work, or if you need a more formal arrangement, you may need to consider using the Child Maintenance Service (CMS). The CMS can calculate, collect, and enforce payments to ensure children get the support they need.
If you are unsure whether a private agreement is right for you, or if you are experiencing difficulties, it may be time to seek advice or move to a CMS arrangement for greater security and enforcement.
Changing a Maintenance Order or Payment
When circumstances change, it may be possible – and sometimes necessary – to change the amount of child maintenance paid or the terms of a maintenance order. Common reasons for seeking a change include a significant increase or decrease in either parent’s income, changes in the child’s living arrangements, or new costs related to the child’s care.
If your maintenance payments are arranged through the Child Maintenance Service (CMS), you can apply for a change – known as a ‘variation’ – if your situation meets certain criteria. For example, if you lose your job, start earning more, or if your child begins spending more nights with you, you may be eligible to request a review. The CMS will assess whether the change is justified under current rules, which are based on the legal framework set out in the Child Support Act 1991.
For private arrangements or court-ordered maintenance, you may need to apply to the court to have the order changed. The court will consider whether there has been a “material change in circumstances” before agreeing to any amendments. For more on this process, see our guide to changing child maintenance payments.
It’s important to communicate openly with the other parent about any changes in your situation. Keeping each other informed helps avoid misunderstandings and potential disputes. If you’re unsure about your options, you can find further guidance and contact details on the Child Maintenance Service (CMS) page.
Enforcement and Collection of Child Maintenance
When child maintenance payments are missed or paid late, it can create financial stress for the parent who relies on this support. The Child Maintenance Service (CMS) has a range of powers to help ensure payments are made and to take action if they are not.
If payments are not made as agreed, CMS can step in to collect the money directly from the paying parent. This might include taking payments straight from their wages through their employer, or from certain benefits. In more serious cases, CMS can use legal powers to access the paying parent’s bank account, or apply for a court order to recover the debt. Further enforcement actions may include sending bailiffs to collect assets or, in extreme cases, taking the parent to court.
If you are not receiving the child maintenance you are owed, you can contact CMS to discuss child maintenance enforcement options. If you have a private arrangement and payments are not made, you may also consider applying to CMS for help or seeking a court order yourself.
For parents struggling to pay maintenance, it’s important to speak to CMS as soon as possible. They may be able to arrange a more manageable payment plan or provide guidance on what to do if your circumstances have changed. Support and practical information are available for both paying and receiving parents to help navigate these situations.
Maintenance for Adult or Disabled Children
When a child turns 16 or 18, standard child maintenance payments usually end. However, there are situations where financial support may continue – especially if the young person is disabled or still in full-time non-advanced education. In these cases, parents may have ongoing legal obligations to provide maintenance for adult or disabled children.
Under the Children Act 1989, Section 1, courts can order parents to pay maintenance for children over 16 if it is needed because of education, training, or a disability. The Child Support Act 1991 also sets out the framework for parental responsibilities, including special provisions for disabled children who may require support into adulthood.
Unlike standard child maintenance, which is usually arranged through the Child Maintenance Service, ongoing support for adult or disabled children often requires a court application. This is because the CMS typically stops handling cases once a child reaches 16 or finishes full-time education (up to age 20). If you believe support should continue, you may need to apply to the family court for a maintenance order.
It’s important to understand that the rules for maintenance after a child turns 16 or 18 are different from standard arrangements. If you are unsure about your obligations or how to apply, consider seeking legal advice or exploring further resources on this topic.
Appeals and Disputes in Child Maintenance
If you disagree with a decision made by the Child Maintenance Service (CMS) about your child maintenance payments, you have the right to challenge it. The first step is usually to ask the CMS to review their decision, known as a mandatory reconsideration. If you are still not satisfied after this review, you can consider appealing a child maintenance decision, which involves taking your case to an independent tribunal.
Common reasons for disputes include disagreements over the amount calculated, changes in income, or concerns about the information used to make the decision. Sometimes, disputes also arise if one parent believes the arrangements do not reflect the child’s needs.
Many disputes can be resolved without going to court. Mediation is a popular option, especially if you are separating or divorcing, as it can help both parents reach an agreement in a less confrontational way. You can learn more about divorce mediation and how it might help with child maintenance issues.
If you are unsure about your rights or the best way to proceed, seeking independent legal advice can be helpful. Remember, the rules around child maintenance are set out in the Child Support Act 1991 and follow strict government guidelines to ensure fairness for all parties involved.
The Child Maintenance Process and Timeline
When arranging child maintenance through the Child Maintenance Service (CMS), there is a typical process and timeline that parents can expect. Understanding each stage can help you prepare and know what to do if issues arise.
Application and Assessment:
The process usually begins when one parent applies to the CMS. After the application is submitted, the CMS will contact both parents to gather information about income and circumstances. This assessment stage generally takes a few weeks, but the exact timing can vary depending on how quickly both parties provide the necessary details.
Calculation and Notification:
Once the CMS has the required information, they will calculate the amount of child maintenance to be paid, following the rules set out in the Child Support Act 1991 and related regulations. Both parents will receive a formal calculation, explaining how the amount was worked out.
Setting Up Payments:
After the calculation, payments can begin. If parents choose the “Direct Pay” option, the paying parent sends money directly to the receiving parent, usually within a week or two of the calculation being finalised. If the CMS handles the payments (“Collect and Pay”), it may take a little longer to set up, as the CMS will collect payments and pass them on.
Ongoing Payments and Monitoring:
Payments are typically made weekly or monthly. The CMS monitors payments and can step in if they are missed or late. If there are any delays or disputes about payments, the CMS has enforcement powers, such as deducting money directly from wages or bank accounts.
If you encounter problems, such as missed payments or disagreements over the amount, you can find guidance and support on Dispute Resolution to help resolve issues.
For a more detailed breakdown of each step and what to expect at every stage, visit our page on the child maintenance process and timeline.
Related Family Law Topics
Understanding child maintenance is easier when you see how it fits into the wider context of family law. When parents go through divorce and separation, arrangements for child maintenance are often decided alongside other key issues, such as where children will live and how much time they will spend with each parent. These decisions are closely linked to child arrangements, which set out practical details for your child’s upbringing.
If you are married or in a civil partnership, your responsibilities for child maintenance are shaped by laws such as the Marriage and Civil Partnerships Act 2004. You can find out more about your legal duties within marriage and civil partnership relationships, including what happens if your relationship ends.
For families affected by domestic abuse, there are special legal protections to help ensure financial support is provided safely. Recent changes under the Domestic Abuse Act 2021 make it easier for survivors to claim child maintenance without direct contact with their abuser. If you need more information or support, visit our domestic abuse support page.
Planning for your child’s future is also important. Issues like wills and death can affect how maintenance is managed if a parent dies. Setting up power of attorney and mental capacity arrangements can help ensure your child’s welfare is protected if you become unable to make decisions.
Beyond child maintenance, you may be entitled to other forms of financial support for families, or need advice on housing assistance for families if your circumstances change. Exploring these related topics can help you make informed decisions for your family’s future.
