This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Need to arrange maintenance? We explain how the Child Maintenance Service calculates payments, how shared care affects the total, and what to do if you need a review.
Child maintenance is financial support that a non‑resident parent pays to help with the everyday costs of raising a child when parents separate or divorce in England and Wales. The law sets out both obligations and calculation rules to ensure children's needs are met fairly. This guide explains how child maintenance works, how amounts are calculated, the legal processes involved, timeframes and enforcement, potential challenges, and common questions parents may have. It draws on authoritative sources including government guidance and statutory schemes.
What Child Maintenance Is and Who Must Pay
Child maintenance is regular, ongoing financial support that a parent who does not live with their child (sometimes called the non‑resident parent or paying parent) provides to the parent or carer with whom the child normally lives (the receiving parent). The purpose of maintenance is to contribute to the child's everyday living costs, such as food, clothing, school expenses and housing.
A child maintenance arrangement can be:
- A private family‑based arrangement, where parents agree the amount between themselves;
- A statutory arrangement through the Child Maintenance Service (CMS); or
- Part of a court order (for example pursuant to the Children Act 1989 or Schedule 1 of the Children Act 1989) in complex or high‑income cases.
It is legally enforceable where made through the CMS or a court order.
Legal Basis: Child Support Act 1991 and the Child Maintenance Service
The statutory framework for child maintenance in England and Wales is set out primarily in the Child Support Act 1991. Under this law, the Child Maintenance Service (CMS), operated by the Department for Work and Pensions, can assess and collect payments where parents cannot agree.
Parents do not have to use the CMS; they can reach a family‑based arrangement instead. However, the CMS provides a formal calculation and, where necessary, enforcement powers if the paying parent fails to make payments.
How Child Maintenance Is Calculated
Overview of the CMS Calculation Process
When the CMS makes a maintenance calculation, it follows a structured six‑step approach:
- Determine Gross Income – The CMS uses information from HM Revenue & Customs (HMRC) to establish the paying parent's gross weekly income (before tax and National Insurance, but after pension contributions).
- Adjust Income – Certain adjustments may be made, such as pension contributions or support for other children, to arrive at a figure for calculation.
- Apply Rates – One of five child maintenance rates is applied based on weekly income: nil, flat, reduced, basic or basic plus.
- Account for Number of Children – The maintenance figure is allocated across the number of children supported.
- Calculate Weekly Amount – Using the applicable rate and income, the CMS determines a weekly maintenance figure.
- Shared Care Adjustments – Maintenance can be reduced if the child spends agreed overnight time with the paying parent.
Child Maintenance Rates
The CMS uses a rate structure based on gross weekly income:
- Nil rate – Gross weekly income below £7 means no maintenance is payable.
- Flat rate – Applied when income is between £7 and £100, or the paying parent receives certain benefits; typically £7 per week per child.
- Reduced rate – For incomes between £100.01 and £199.99, using a mixed formula.
- Basic rate – For incomes between £200 and £800, based on a percentage of gross income (e.g., 12% for one child, rising for multiple children).
- Basic Plus rate – For incomes above £800 up to £3,000; higher percentages apply.
Where the paying parent's income exceeds £3,000 gross per week, the CMS uses the £3,000 cap for calculation, and parents may apply to court for a “top‑up” to reflect additional capacity to pay.
Shared Care and Reductions
The CMS reduces the weekly maintenance amount if the child spends significant overnight time with the paying parent. The reduction bands are typically based on the number of nights per year the child stays with the paying parent:
- 52–103 nights: reduction of 1/7th per child;
- 104–155 nights: reduction of 2/7ths;
- 156–174 nights: reduction of 3/7ths;
- 175 nights or more: reduction of 50% plus an additional £7 per week per child.
These adjustments reflect the sharing of care and contact but do not eliminate all maintenance liability unless there is equal day‑to‑day care recognised and no ongoing child maintenance need.
Other Factors Affecting Payment
Other Children and Household Responsibilities
The CMS reduces the amount of income taken into account where the paying parent supports other children in separate arrangements or has dependent children living in their household. Percentages of income are reduced for each child supported, depending on the number.
Family‑Based Arrangements
Parents may agree a maintenance figure themselves. While not legally binding like a CMS assessment, these arrangements allow greater flexibility to tailor payments to the family's financial context. Many parents use the CMS calculator as a starting point for these discussions.
Legal Obligations and Enforcement
Obligation to Pay
If the CMS issues a maintenance calculation, the paying parent is legally obligated to pay the amount due, whether by agreement or through CMS collection. The CMS can collect maintenance directly from wages, benefits, or through direct debit.
Collect & Pay vs Direct Pay
- Direct Pay – The parents agree how and when maintenance is paid, with no CMS collection involvement. It usually incurs no fees.
- Collect & Pay – The CMS collects payments on behalf of the receiving parent and may charge collection fees (e.g., current proposals envisage reductions to 2% for both paying and receiving parents). These charges are separate from the maintenance amount.
Enforcement Action
If the paying parent fails to pay, the CMS has several enforcement options, such as deduction from earnings, benefit deductions, or referral to courts, which can lead to wage arrestment, property charges or other legal sanctions.
Changing Maintenance and Reviews
Maintenance calculations are typically reviewed annually. Parents must inform the CMS of changes such as increased income, different shared care arrangements, or other circumstances affecting child support. A parent can also apply for a variation to take additional income or expenses into account, though these applications must meet strict criteria and be supported by evidence.
Disagreeing With a CMS Decision
If either parent disagrees with a CMS calculation, they can request a mandatory reconsideration within one month of the decision. If the CMS upholds its assessment, the parent may appeal to the Social Security and Child Support Tribunal within established time limits.
Time Limits and Duration
Child maintenance via the CMS usually continues until the child turns 16, or until 20 if the child remains in approved full‑time non‑advanced education or training (in Scotland; in England and Wales formal extension arrangements depend on agreement or specific circumstances). Voluntary agreements may extend beyond this age by arrangement.
Common Questions
Do parents have to use the CMS?
No. Parents can agree maintenance privately, but the CMS provides a statutory calculation and enforcement.
How is income defined?
The CMS uses gross income before tax and National Insurance, but after certain deductions such as pension contributions; student grants and loans do not count.
Can maintenance be adjusted if income changes?
Yes. Significant changes in income or shared care may prompt a review or variation.
Summary
Child maintenance in England and Wales is a legally enforceable obligation that ensures children receive financial support from both parents after separation or divorce. The Child Maintenance Service (CMS) administers statutory calculations based on the paying parent's gross weekly income, number of children, shared care arrangements and other responsibilities, using a structured rate system. Parents may also agree maintenance privately, but statutory assessments provide legal certainty and enforcement mechanisms. Regular reviews, clear documentation of income, and prompt communication with the CMS help parents manage their obligations and ensure payments reflect current circumstances. Understanding these rules enables families to navigate child maintenance arrangements with clarity and fairness.
