Child Maintenance
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
What is this right?
When parents live apart, the parent who doesn't live with the child (the "paying parent") is expected to contribute to the child's upkeep. The Child Maintenance Service (CMS) calculates this based on the paying parent's gross weekly income:
- 1 child: 12% of gross income
- 2 children: 16% of gross income
- 3+ children: 19% of gross income
Reductions apply if the paying parent has overnight stays with the child, or has other children living with them. There's a nil rate if gross income is under £7/week, and a flat rate of £7/week if income is between £7 and £100/week.
When does it apply?
- The child is under 16 (or under 20 if in approved education or training).
- Parents can agree maintenance privately (a "family-based arrangement") without involving the CMS — this is free and flexible.
- If private agreement isn't possible, either parent can apply to the CMS — there's a £20 application fee.
- CMS offers two payment routes: Direct Pay (parents arrange payment between themselves based on CMS calculation) or Collect and Pay (CMS collects from the paying parent — extra fees apply: 20% surcharge on the paying parent, 4% on the receiving parent).
What should you do?
- Try a family-based arrangement first — this keeps costs down and gives both parents more control.
- If that doesn't work, apply to the CMS online or by phone (0800 171 2345).
- The CMS uses HMRC data to check the paying parent's income — you don't need to know their exact earnings.
- If the paying parent doesn't pay, the CMS can enforce through deductions from earnings, bank orders, bailiffs, or even prison (as a last resort).
What should you NOT do?
- Don't link maintenance to contact — child maintenance and child arrangements are legally separate. You cannot withhold contact because maintenance isn't paid, or vice versa.
- Don't hide income — the CMS can investigate and apply a "deemed income" if they suspect under-reporting.
- Don't accept persistent non-payment — the CMS has strong enforcement powers. Report missed payments.
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