Child Maintenance in the United Kingdom
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Child Maintenance Service replaced the discredited Child Support Agency in 2012, after years of complaints that the CSA was both heavy-handed and ineffective. The current system, set up under the Child Support Act 1991 and overhauled by the Child Maintenance and Other Payments Act 2008, runs on a formula tied to the paying parent's gross weekly income — pulled directly from HMRC records.
The headline rates (the "basic rate"):
- 1 child: 12% of gross income
- 2 children: 16% of gross income
- 3 or more children: 19% of gross income
Above £800/week the percentages drop slightly (the "basic plus" rate). Reductions apply for overnight stays with the paying parent, and for other children living in the paying parent's household. Below £100/week of gross income, a flat rate of £7/week applies; under £7/week it's nil.
If you think the calculation is wrong: you have 30 days from issue to ask CMS for a revision under CSA 1991 s.16 for errors of fact or calculation, and you can apply for a variation under CSA 1991 s.28A (anytime — special expenses, additional income, contact costs, disabled child, prior debt, unearned income, diverted income, assets over £65,000, or lifestyle inconsistent with declared income). The Child Support Maintenance Calculation Regulations 2012 (SI 2012/2785) set the detail and cap the total liability at 35% of net income. If CMS refuses revision or variation, you have 30 days to appeal to the First-tier Tribunal (SSCS) using Form SSCS2.
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 to Do If the Other Parent Won't Pay Child Maintenance in the UK
Where parents can talk, a private arrangement nearly always beats the CMS — no fees, no rigid formula, no third party in the middle.
- Try a family-based arrangement first. No application fees, no enforcement charges, both parents stay in control.
- If that won't work, apply to the CMS online or by phone (0800 171 2345).
- The CMS pulls income data straight from HMRC — you don't need to know what the other parent earns to start a case.
- If payments don't come, CMS enforcement runs from Deduction from Earnings Orders through bank account orders and Liability Order applications, on to bailiff action and ultimately committal proceedings. The powers are real — but slow.
What should you NOT do?
- Don't link maintenance to contact. They are legally separate. You cannot withhold contact because money isn't being paid, and you cannot stop paying because contact has been refused. Mixing them lands both parents in trouble.
- Don't hide income. CMS can apply for a "variation" based on lifestyle inconsistent with declared income, and HMRC compliance teams pay attention.
- Don't tolerate persistent non-payment. Report missed payments — arrears compound, and earlier reports give CMS more enforcement options.
Common Questions
When does child maintenance 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 I do if the other parent is refusing to pay child maintenance in the UK?
Where parents can talk, a private arrangement nearly always beats the CMS — no fees, no rigid formula, no third party in the middle.Try a family-based arrangement first. No application fees, no enforcement charges, both parents stay in control.If that won't work, apply to the CMS online or by phone (0800 171 2345).The CMS pulls income data straight from HMRC — you don't need to know what the other parent earns to start a case.If payments don't come, CMS enforcement runs from Deduction from Earnings Orders through bank account orders and Liability Order applications, on to bailiff action and ul...
What mistakes should I avoid with child maintenance?
Don't link maintenance to contact. They are legally separate. You cannot withhold contact because money isn't being paid, and you cannot stop paying because contact has been refused. Mixing them lands both parents in trouble.Don't hide income. CMS can apply for a "variation" based on lifestyle inconsistent with declared income, and HMRC compliance teams pay attention.Don't tolerate persistent non-payment. Report missed payments — arrears compound, and earlier reports give CMS more enforcement options.