Everything you need to know about child maintenance

What is Child Maintenance, Really?

At its core, child maintenance is simple: it's the money the parent who doesn't live with the child day-to-day pays to help with the costs of raising them.

This isn't optional—it's a legal responsibility. It exists to make sure that both parents contribute to their child's living costs, covering essentials like:

·        Housing and utilities

·        Food and clothing

·        School and education costs

·        Healthcare and transport

The law is clear: both parents must support their children financially, even if you were never married, never lived together, or don't get along.

The Legal Framework: The Rules You Need to Know

When you're dealing with something like this, it can feel like you're fighting a system with secret rules. This section breaks down the actual legal framework so you know where you stand.

The Foundation of the Law

The main law in England and Wales is the Child Support Act 1991. It has been updated over the years, but the core principle hasn't changed: your child's welfare comes first. This means:

·        You can't just opt out: a parent cannot simply decide not to pay.

·        It's a priority debt: if you fall behind, the Child Maintenance Service (CMS) has more power to collect the money than most other creditors.

·        It continues: the duty to pay continues even if the paying parent doesn't see the child.

Who Pays and Who Receives?

·        The "Paying Parent" is usually the parent the child doesn't live with most of the time. If you share care equally, the parent with the higher income typically pays.

·        The "Receiving Parent" is the person who has the child's day-to-day care. This is usually a parent, but could also be a grandparent or legal guardian.

How Long Does It Last?

The obligation usually ends when the child turns 16. However, it continues until they turn 20 if they are in approved full-time education or training (like A-Levels or a vocational course).

Your Two Main Options for Arranging Maintenance

1.     Private Family-Based Arrangement

This is where you and the other parent agree on an amount and payment schedule yourselves, without involving the CMS.

Pros: it's flexible, you can change it as circumstances change, and there are no fees. It covers everything you agree on, including school fees and holidays.

Cons: it only works if you both trust each other to stick to the agreement. There is no official backup if payments stop.

2.     Using the Child Maintenance Service (CMS)

This is the government service that calculates, collects, and enforces child maintenance when parents can't agree.

How it works: the CMS uses a strict formula to calculate the amount based on the paying parent's income. They can then collect the money and pass it on.

When to use it: if you can't reach a private agreement, or if a private agreement has broken down.

Cost: there is no longer an application fee. However, if the CMS has to collect the money for you (called "Collect and Pay"), they will add a 20% fee to the paying parent's bill and take a 4% cut from the receiving parent's payment.

How is the Amount Calculated?

The CMS formula is based on a percentage of the paying parent's gross weekly income (before tax). Here are the rates for the paying parent's first £3000 of weekly income:

Weekly Income	Rate	Payment (1 child)	Payment (2 children)	Payment (3+ children)
£0 - £7	Nil rate	£0	£0	£0
£7 - £100	Flat Rate	£7	£7	£7
£100 - £200	Reduced rate	£7+percentage	£7+percentage	£7+percentage
£200 - £3000	Basic rate	12%	16%	19%

Important Adjustments

·        Shared Care: the amount is reduced if the child stays overnight with the paying parent. The more nights, the bigger the reduction.

·        Other Children: the amount is reduced if the paying parent is supporting other children living with them.

·        High Earners: if the paying parent earns over £3,000 per week, the receiving parent can apply to a court for a "top-up" on the amount the CMS calculates.

Payment Methods and Collection

1.      Direct Pay

Most CMS cases use "Direct Pay" where:

- Parents arrange payment between themselves.

- The CMS provides the calculation but doesn't handle money.

- No collection fees apply.

- Payment methods are flexible (standing order, bank transfer, cash, etc.).

2.      Collect and Pay

When Direct Pay isn't working, the CMS switches to "Collect and Pay":

- The CMS collects money from the paying parent.

- Fees apply: a 20% collection fee is added to the paying parent's maintenance and a 4% fee is deducted from the receiving parent's payments.

- Various collection methods are available including payroll deduction.

Payment Schedule Options

Maintenance can be paid:

·        Weekly

·        Every two weeks

·        Monthly

·        Every four weeks

The total annual amount remains the same regardless of frequency.

When Payments Stop: Enforcement Powers

If the paying parent doesn't pay, the CMS has powerful tools to force payment. These have been strengthened by recent legislation.

·        Deduction from Earnings: they can order an employer to take the money directly from wages.

·        Deduction from Benefits: they can take money directly from most state benefits.

·        Court Action: as a last resort, they can take serious steps like getting a court order to seize assets, place a charge on property, or even send the paying parent to prison (this is very rare).

Variations and Reviews

When Calculations Change

The CMS automatically reviews calculations when:

·        Annual income changes by more than 25%.

·        Care arrangements change significantly.

·        The number of children changes.

·        Benefit status changes.

Requesting a Revision

Either parent can request a revision within one month if:

·        There's been an error in the calculation.

·        Relevant information was missed.

·        Circumstances have changed.

Mandatory Reconsiderations and Appeals

If you're unhappy with a CMS decision:

1.     Mandatory Reconsideration: request CMS to look again (within one month).

2.     Appeal to Tribunal: independent review if still dissatisfied (within one month of reconsideration outcome).

3.     Upper Tribunal: limited grounds for further appeal.

The appeals process can be complex, and having expert legal support significantly improves your chances of success.

Special Circumstances and Complex Cases

Domestic Violence and Safety Concerns

The CMS recognises that some parents may face safety risks. Special provisions include:

·        Anonymous arrangements: the CMS can hide contact details between parents.

·        Third-party communication: all contact through CMS staff.

·        GHaCM service: Get Help Arranging Child Maintenance provides extra support for vulnerable parents.

High Income Cases

When the paying parent earns over £3,000 per week (£156,000 annually):

·        CMS calculates maintenance on first £3,000 weekly.

·        Receiving parent can apply to court for "top-up" maintenance on excess income.

·        Courts have discretion to award additional amounts.

Self-Employment and Variable Income

Self-employed parents face special rules:

·        CMS uses current year's income where available.

·        May use previous year's accounts or HMRC data.

·        Mandatory annual reviews.

·        CMS can make estimated income assessments if required financial information is not provided.

·        The CMS may issue financial penalties for failing to provide information when requested, but there is no formal penalty regime simply for late filing of accounts.

International Cases

Complex rules apply when parents live in different countries:

·        Within the UK: maintenance orders can be enforced across England, Wales, Scotland and Northern Ireland.

·        European Union: various reciprocal arrangements, though Brexit has complicated some procedures.

·        Wider International: Reciprocal Enforcement of Maintenance Orders (REMO) agreements with many countries.

Common Problems and How to Solve Them

1.     Problem: child support payments are late or missed.

Solution: contact the other parent if it's safe to do so, then report it to CMS and request enforcement action, keeping detailed records throughout. Setting up automated payments can help prevent future issues.

2.     Problem: the paying parent says they earn less than they do.

Solution: the CMS has powers to investigate their finances through HMRC. If you have evidence of their lifestyle (e.g., social media posts showing expensive holidays or cars), you can present this to the CMS.

3.     Problem: we can't agree on how many nights the child stays for shared care.

Solution: keep a diary. School records, medical appointments, and even messages can be used as evidence. The CMS will base its decision on the actual pattern of care, not what parents say is intended.

4.     Problem: communication has broken down completely.

Solution: use the CMS as an intermediary. You can request that they handle all communication about the maintenance, which can reduce conflict and stress.

 

How Puzzle Piece Law Can Help You

Navigating the child maintenance system on your own is difficult, and you don't have to do it all by yourself. While this guide covers the basics, every situation is unique. Our experienced family law team can provide the expert guidance you need to protect your rights and your children's future.

We can help you with:

·        Negotiating a fair private arrangement that works for both of you.

·        Making applications to the CMS and understanding their calculations.

·        Challenging a CMS decision if you believe it's wrong.

·        Taking enforcement action when the other parent won't pay.

·        Supporting you in court.

We understand that child maintenance is about more than just money, it's about your child's security and well-being.

If you need any support or advice contact John or reach out to a regional consultant near you.