Child Maintenance

Understanding How Child Maintenance Works.

When parents separate, ensuring children continue to receive the financial support they need is essential. In the UK, child maintenance refers to the regular financial contributions made by one parent (the paying parent) to the other (the receiving parent) to help cover the everyday costs of raising a child.

At Your Family Time Matters, we understand that navigating child maintenance can be confusing, especially during an emotionally challenging time. This blog explains how the system works in the UK, the options available to parents, and how child maintenance payments are calculated.

What is Child Maintenance?

Child maintenance is a legal obligation designed to support the upbringing of children when parents are no longer living together. It typically covers basic costs such as:

• Housing

• Food and clothing

• School essentials

• Everyday living expenses

Child maintenance is usually paid until the child turns 16, or up to 20 if they are in full-time education, not higher than A-level (or equivalent).

Who Has to Pay Child Maintenance?

The parent who does not have the child in their day-to-day care is usually the one who pays maintenance. This is often referred to as the non-resident parent or paying parent.

The parent with the main day-to-day care is known as the receiving parent, and they will receive maintenance on behalf of the child.

What Are the Options for Arranging Child Maintenance?

There are three main ways to arrange child maintenance:

1. Family-Based Arrangement

This is an informal agreement made between both parents. It can be flexible and tailored to suit your individual circumstances. Benefits include:

• No fees

• More control for both parties

• Privacy

However, these arrangements are not legally binding, so if a dispute arises, enforcement can be difficult.

2. Child Maintenance Service (CMS)

If parents cannot reach an agreement privately, they can use the Child Maintenance Service—a government-run scheme that calculates and collects payments on behalf of the receiving parent. There are two types of CMS arrangements:

• Direct Pay – CMS calculates the amount, but payments are made directly between parents.

• Collect and Pay – CMS handles the collection and transfer of money. This is typically used if there is conflict or a history of non-payment.

Note: The CMS charges a fee for this service. Paying parents pay an additional 20% on top of the payment, and receiving parents have 4% deducted from each payment.

3. Court-Ordered Maintenance

In limited cases—usually where one parent lives abroad, or if there are additional needs—maintenance can be arranged via a court order. This is more common among high-income families or those with complex circumstances.

How is Child Maintenance Calculated?

The CMS uses a standard formula based on the paying parent’s gross income (before tax and National Insurance) and considers the following factors:

• The number of children the maintenance is for

• The number of other children the paying parent supports

• The number of nights the children stay with the paying parent

Here’s a basic overview (as of 2025):

Gross Weekly Income Band	Maintenance Rate
£0 – £7	Nil rate
£7.01 – £100	Flat rate (£7/week)
£100.01 – £199	Reduced rate
£200 – £3,000	Basic rate (percentage-based)
Over £3,000	Court application may be required

Basic Rate Example:For one child, the paying parent will usually pay 12% of their gross weekly income (after adjustments for shared care or other children they support).

What If the Paying Parent Doesn’t Comply?

If payments are missed, the CMS has enforcement powers including:

• Deducting money directly from wages or bank accounts

• Taking the paying parent to court

• In severe cases, applying for a driving disqualification or imprisonment

Can Child Maintenance Be Changed?

Yes. Maintenance amounts may be reviewed if:

• The paying parent’s income changes

• There is a change in the number of children supported

• The care arrangements for the child change

It is important to notify CMS or update your private agreement if circumstances change.

International Cases

If one parent lives abroad, you may still be able to claim child maintenance under international agreements or reciprocal enforcement arrangements between the UK and certain countries. These cases can be more complex and often require legal support.

Final Thoughts

Child maintenance is a vital tool to ensure children receive consistent financial support, even when their parents no longer live together. Whether through a private arrangement or via the Child Maintenance Service, it’s important to understand your rights and obligations.

At Your Family Time Matters, we can help you understand your child maintenance options and guide you through the process, whether you’re looking to make arrangements, dealing with difficulties in communication, or unsure how to engage with the Child Maintenance Service. While we don’t provide financial advice or assistance, we can support you in navigating the system confidently.

Shared Care and Child Maintenance – Frequently Asked Questions (FAQs)

1. What is shared care in the context of child maintenance?

Shared care refers to arrangements where the child stays overnight with the paying parent for at least 52 nights per year (approximately once a week). The Child Maintenance Service (CMS) reduces the payment amount to reflect the time the child is cared for by both parents.

2. How does CMS reduce maintenance for shared care?

CMS applies reductions based on the number of nights the child stays overnight with the paying parent in a 12-month period:

• 52–103 nights: reduce by 1/7th

• 104–155 nights: reduce by 2/7ths

• 156–174 nights: reduce by 3/7ths

• 175+ nights: reduce by 50% plus an additional £7 per week per child

3. What if we both share care equally?

If both parents have equal day-to-day care of the child, the CMS may decide that no child maintenance is payable. This applies even if the overnight stays don't exceed the highest shared care band. However, you’ll need to provide evidence or a clear mutual agreement for this to be accepted.

4. Do I need to inform CMS of every change in care arrangements?

Not necessarily. You only need to inform CMS when your shared care moves into a new band—for example, from 103 to 104 nights (which triggers a higher reduction). Small fluctuations that stay within the same band don’t need to be reported.

5. What if a local authority provides overnight care?

If your child stays overnight with a local authority for 52 nights or more a year, CMS must also apply shared care reductions. If care provided by the local authority reaches 263 nights or more, no maintenance is payable for that child.

6. What if we agree care is shared, but not how often?

If both parents agree that shared care happens but cannot agree on the number of nights, CMS may apply a default assumption of 52 nights per year (1/7th reduction). This can be adjusted if more accurate information is provided.

7. What kind of evidence will CMS accept for shared care?

Evidence may include:

• A written agreement between parents

• A court order

• A parenting plan

• A diary or calendar of overnight stays

• School records or communication logs

Providing clear and consistent evidence helps avoid disputes or assumptions by CMS.

8. Can changes be backdated?

Yes. If you fail to notify CMS of a change in care arrangements, and it later becomes relevant, CMS can backdate the adjustment. This could lead to either a refund or an unexpected arrears bill—so it’s best to keep CMS informed as soon as changes occur.

9. Does shared care affect all types of child maintenance arrangements?

Shared care reductions only apply to CMS-calculated payments. If you have a family-based agreement, you can agree on any arrangement you feel is fair—including adjustments for shared care.

How We Can Help

At Your Family Time Matters, we offer friendly, knowledgeable guidance for parents navigating child maintenance and shared care. We can support you by:

• Explaining your legal and practical options

• Assisting in communication with the CMS

• Helping you gather and present relevant evidence

• Providing clarity during emotionally difficult conversations

  
  

We do not provide financial advice or handle payments. Our role is to empower you with the right tools, information, and confidence to make informed decisions for your family.