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.
Detailed guide to legal obligations for child maintenance in England and Wales: explains when parents must pay, how payments are calculated, the role of the Child Maintenance Service, enforcement actions like liability orders, and practical steps to meet statutory responsibilities for supporting children.
Child maintenance is the legal obligation on parents to provide financial support for their children's everyday living costs when they live apart. In England and Wales the law recognises that both parents are responsible for contributing to their children's upbringing regardless of the relationship status of the adults involved. This article explains what child maintenance is, when it applies, how it is calculated and enforced, and what parents should consider when fulfilling their legal duties. It draws on current statutory guidance and official information sources to provide clear, accessible information for families, students and solicitors.
What Child Maintenance Is
Child maintenance is financial support paid by one parent (the non‑resident parent) to the parent or carer with whom the child lives most of the time (the receiving parent). Its purpose is to help cover everyday costs such as food, clothing, housing and other essentials necessary for the child's welfare.
This obligation applies where:
- The child is under 16, or
- The child is 16 to 20 and in approved education or training (such as A‑levels), and
- Parents are separated, or the non‑resident parent does not live with the child.
Both parents retain responsibility for their child's financial support even if they do not live together.
Arranging Child Maintenance
1. Family‑Based Arrangement
Parents can agree between themselves how much and how often maintenance should be paid. This is known as a family‑based arrangement and offers flexibility in deciding amounts and methods of payment. It is free and can adapt to changing circumstances, though it is not legally enforceable unless made into a court order.
2. Child Maintenance Service (CMS)
If parents cannot agree, they can apply to the Child Maintenance Service (CMS) - the statutory system set up to calculate and administer child maintenance. The CMS can:
- Calculate how much maintenance should be paid using a standard formula;
- Collect maintenance and transfer it to the receiving parent;
- Arrange enforcement action if payments are missed;
- Provide support to find the other parent or resolve disputes about parentage.
The CMS operates under statutory provisions and enforces legal obligations on non‑resident parents to make regular payments.
3. Court Orders
Parents may include child maintenance provisions in consent orders or apply to the family court for a maintenance order concurrently with other financial proceedings. Court‑ordered maintenance is legally binding and enforceable.
How Maintenance Is Calculated
Maintenance payments under the CMS are calculated based on:
- The non‑resident parent's gross income before tax and National Insurance;
- The number of children involved;
- The amount of time children spend with the non‑resident parent, which can reduce liability; and
- Any access or contact arrangements.
The CMS issues a payment schedule detailing how much to pay and when, typically covering a 12‑month period.
Obligations of the Paying Parent
Regular Timely Payments
Paying parents must make child maintenance payments in full and on time in accordance with the payment schedule. Failure to do so attracts enforcement action by the CMS.
Providing Accurate Financial Information
The CMS or receiving parent may request up‑to‑date financial information from the paying parent to ensure the maintenance calculation reflects their current circumstances. Providing accurate payslips or income details is part of meeting legal obligations (though entirely specific legal disclosure duties are governed by the CMS's statutory powers).
Enforcement of Maintenance Payments
The CMS has strong enforcement powers where a paying parent defaults or refuses to pay:
- Deduction from earnings orders: payments taken directly from wages;
- Benefit deductions: child maintenance taken from certain state benefits;
- Collection from bank accounts: funds withdrawn directly to meet maintenance liabilities;
- Liability orders: court orders recognising unpaid maintenance debts, enabling further action;
- Bailiff action or charging orders: enforcement to seize or secure assets;
- Freezing accounts or forcing property sale: in serious arrears cases.
If enforcement is required, the CMS applies to the family court for a liability order, which formalises the debt and allows legal measures to collect arrears. A liability order can be registered in the Register of Judgments, Orders and Fines, potentially affecting the payer's credit rating and ability to obtain credit.
Time Limits and Duration of Maintenance
Child maintenance obligations generally continue until the child is 16, or up to 20 if in approved post‑16 education or training. After these ages, statutory obligations under the CMS typically cease. Parents may agree or have a court order that extends maintenance for further education, but this cannot be enforced through the CMS beyond these statutory limits.
Risks of Non‑Compliance
Non‑compliance can result in escalated enforcement action, including deductions from income, legal charges, enforcement fees, and potential enforcement through courts. In extreme cases, persistent refusal to pay can lead to serious legal consequences, enforcement costs and long‑term financial liabilities.
Charity and advocacy groups have highlighted that many children nonetheless miss out on payments due because enforcement is not always effective, underlining the importance of prompt and regular compliance with maintenance obligations.
Common Questions
Who has to pay child maintenance?
Any parent who does not live with a qualifying child and is identified by the CMS as the non‑resident parent must pay maintenance unless a different legal arrangement exists.
Can maintenance be voluntary?
Yes. Parents can make voluntary agreements even without CMS involvement. These are free and flexible, but not legally enforceable unless converted into a court order.
What happens if I cannot pay?
If you foresee missing a payment, you should tell the CMS immediately. They may adjust arrangements or collect via other means. Persistent failure may trigger enforcement action.
Key Takeaways
In England and Wales, child maintenance is a legal duty of parents to financially support their children when they live apart. Parents can agree privately, use the Child Maintenance Service, or formalise maintenance through court orders. Payments are determined by statutory calculations and enforced where necessary through deduction from earnings, liability orders and other legal measures. Timely compliance protects children's welfare and reduces the need for enforcement action. Understanding obligations, rights and enforcement options helps parents meet their responsibilities and secure regular support for their children.
