This guide is maintained as a current resource for September 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.
Learn about child maintenance obligations in the UK. Understand how child maintenance is calculated, who is responsible, how to enforce payments, and when payments end.
Child maintenance is a crucial legal responsibility for parents who do not live with their child full-time. It ensures that children receive financial support from both parents, regardless of the parents’ relationship status. In the UK, child maintenance is a legal obligation that aims to help children maintain a standard of living similar to what they would have experienced if their parents were together. This article provides a comprehensive overview of child maintenance obligations, including how they are calculated, who is responsible, and the legal processes involved.
What Is Child Maintenance?
Child maintenance is the financial support provided by the non-residential parent (the parent who does not live with the child) to the parent who has day-to-day care of the child. The purpose is to ensure that the child's needs are met, including food, clothing, education, and housing. Maintenance can be agreed upon privately between the parents or arranged through a statutory body like the Child Maintenance Service (CMS).
Under UK law, child maintenance is a legal obligation for the non-residential parent. It is governed by the Child Support Act 1991 and is managed by the CMS or through private arrangements. Child maintenance applies regardless of the parent's relationship status, and parents are legally bound to provide support until the child reaches the age of 16, or 20 if they remain in full-time education or training.
Who Is Responsible for Child Maintenance?
In most cases, both parents are responsible for providing financial support for their child, regardless of whether they are married, cohabiting, or separated. The parent who does not live with the child is usually required to pay child maintenance to the other parent, who assumes the primary caregiving role.
- Resident parent: The parent with whom the child primarily lives is referred to as the “resident parent” or “primary carer.” This parent typically does not pay child maintenance, but instead, they receive payments from the non-resident parent.
- Non-resident parent: The non-resident parent is the one who provides financial support for the child. This applies even if the non-resident parent has limited or no contact with the child.
The amount of child maintenance a non-resident parent has to pay depends on a range of factors, including their income, the number of children they are supporting, and whether the parent has other financial responsibilities.
How Is Child Maintenance Calculated?
Child maintenance can be calculated in several ways, depending on the arrangement made between the parents or the method chosen through the Child Maintenance Service (CMS).
1. Private Arrangements
Many parents agree on child maintenance privately, without involving the CMS. In such cases, the amount of child maintenance is typically agreed upon between the parents, based on their financial situation and the child’s needs. These private agreements can be informal or formalised through a written agreement, which may be enforceable in court.
The advantage of private arrangements is that they tend to be more flexible, and parents can negotiate amounts and payment schedules that work best for them. However, without legal backing, such agreements are not legally enforceable unless they are converted into a Consent Order by the court.
2. The Child Maintenance Service (CMS)
If parents cannot agree on the amount of maintenance or wish to formalise the process, the CMS can calculate and collect maintenance payments. The CMS offers three different services:
- Direct Pay: This is the simplest option, where the CMS calculates the amount of child maintenance and the parents handle the payments directly between themselves. This arrangement works well if parents can cooperate and there is no dispute about payments.
- Collect and Pay: The CMS collects the maintenance payments from the non-resident parent and passes them on to the resident parent. The CMS charges a fee for this service, which can be significant for the non-resident parent.
- Family-based arrangement: The CMS also provides support for parents who want a non-legally binding, but more structured, agreement. This service does not involve the CMS in the collection or transfer of funds but helps to mediate the agreement.
The CMS uses the non-residential parent's income to calculate how much child maintenance they should pay, considering the following:
- Basic rate: For a non-residential parent earning a basic income.
- Flat rate: If the non-residential parent is self-employed or earns an irregular income.
- Reduced rate: For non-residential parents on a very low income.
The CMS can also make additional calculations for children with special needs or consider the number of nights the child spends with the non-residential parent.
3. Court Orders
If parents cannot agree on child maintenance, they can apply to the court for a Child Maintenance Order. The court has the power to set the amount of child maintenance, though this is typically a last resort. A court order can be made for periodic payments or a lump sum. It can also include provisions for the non-resident parent to contribute to specific costs, such as school fees or medical expenses.
When Do Child Maintenance Payments End?
In the UK, child maintenance payments generally end when the child reaches the age of 16. However, if the child remains in full-time education or training, the maintenance can continue until the child turns 20. There are also instances where child maintenance may continue after the child turns 20, such as if the child has a disability or is unable to support themselves financially.
Enforcement of Child Maintenance
In cases where the non-residential parent fails to meet their child maintenance obligations, there are several ways the CMS or the resident parent can seek enforcement:
1. Direct Action by the CMS
If a non-residential parent does not pay child maintenance as required, the CMS has various enforcement powers. These include:
- Deductions from earnings: The CMS can instruct the non-residential parent’s employer to deduct child maintenance directly from their salary.
- Bank account deductions: The CMS can take money directly from the non-residential parent’s bank account.
- Liability orders: If payments are overdue, the CMS can apply to the court for a liability order, which can result in further enforcement actions, such as a court order for payment or the seizure of assets.
2. Court Enforcement
If the CMS cannot enforce payments or if a court order has been issued, the resident parent can request the court to enforce the order. This can involve the following:
- Attachment of earnings: The court may instruct the employer to deduct the maintenance directly from the non-residential parent’s wages.
- Seizure of assets: In cases of persistent non-payment, the court can seize assets from the non-residential parent to satisfy their obligations.
Common Questions About Child Maintenance
Can I modify a child maintenance agreement?
Yes, child maintenance arrangements can be modified if circumstances change. For example, if the non-resident parent's income changes, they may need to adjust the payment amount. Either party can apply to the CMS or the court to revise the payment terms.
What happens if the non-resident parent refuses to pay?
If the non-resident parent refuses to pay child maintenance, the CMS can take enforcement action, including deductions from wages or bank accounts. The resident parent can also apply to the court for enforcement if necessary.
Is child maintenance paid directly to the child?
No, child maintenance is generally paid to the resident parent, who is responsible for using the funds to meet the child's needs. However, the amount of maintenance is intended to contribute directly to the child's overall upbringing, including food, clothing, and education.
The Bottom Line
Child maintenance obligations are a key aspect of family law in the UK, ensuring that children receive the financial support they need from both parents. Non-residential parents are legally required to contribute to their child's upbringing, and there are various methods for determining and enforcing the payment of maintenance. Parents can choose between private arrangements or formal arrangements through the Child Maintenance Service or the courts, depending on their situation. Ultimately, the goal is to ensure the child's welfare, providing them with the resources they need for a healthy and secure upbringing.
