What Is Child Maintenance and How It’s Calculated

What Is Child Maintenance?

Child maintenance is the financial support paid by one parent to the other to contribute towards the costs of raising their child after a separation or divorce.

In England and Wales, child maintenance is governed by the Child Maintenance Service (CMS). Payments are usually made by the non-residential parent to the resident parent. However, where parents share residency, child maintenance arrangements may vary.

Child maintenance is one of the most common concerns for separated or divorced parents. Understanding your rights and obligations is important, whether you’re paying or receiving child maintenance.

What Does Child Maintenance Cover?

Child maintenance is intended to help cover the child’s basic living costs, including:

• Food and clothing
• Housing
• School-related expenses
• Healthcare and other essential needs

It is not intended to cover luxury items or personal spending for the receiving parent, though in practice, funds may contribute to household expenses that benefit the child indirectly.

Who Has to Pay Child Maintenance?

Both parents are legally responsible for supporting their children financially, regardless of their relationship status.

If a child lives primarily with one parent, the other parent is typically responsible for paying regular maintenance.

How is Child Maintenance calculated?

The Child Maintenance Service (CMS) follows six main steps to calculate child maintenance:

Step 1 – Assessing income

CMS obtains the paying parent’s yearly gross income from HMRC, including any benefits received.

Step 2 – Adjusting for special factors

The CMS checks for factors that could change the income amount (e.g. pension contributions).

Step 3 – Applying child maintenance rates

One of five rates is applied, based on gross weekly income:

• One child: 12% of gross weekly income
• Two children: 16%
• Three or more children: 19%

Reductions apply depending on the number of nights the child spends with the paying parent. A flat rate may apply for parents earning below a threshold or receiving certain benefits.

Step 4 – Considering other children

The CMS factors in other children the paying parent supports, whether living with them or supported through other arrangements.

Step 5 – Calculating the weekly amount

Using the above, CMS decides the weekly maintenance figure.

Step 6 – Shared care

Shared care is when a child stays overnight with the paying parent. The number of overnight stays (based on a court order or agreement) can reduce the maintenance amount.

Can Parents Make a Private Agreement?

Yes. Many parents make private arrangements without involving the CMS or the courts.

This can work well if both parents are cooperative, and the agreement is fair and in the child’s best interests. For certainty, the agreement should be put in writing.

What Happens If Circumstances Change?

Circumstances often change due to job loss, new children, health issues, or new living arrangements. When this happens, child maintenance can be reviewed.

You can:

• Recalculate privately (if you have a private agreement)
• Request the CMS to reassess payments
• Apply to court to vary an existing child maintenance order

What If Child Maintenance Payments Are Missed?

If your ex-partner refuses to pay, you should report this to the Child Maintenance Service.

CMS will:

1. Contact them to arrange a payment plan.
2. If unsuccessful, take enforcement action. This can include:
   • Deductions from income or benefits
   • Court orders (liability orders) to recover missed payments

How We Can Help

At Farimont Law Solicitors, we advise parents on child maintenance rights, calculations, and disputes. Whether you need help negotiating an agreement, applying to the CMS, or enforcing missed payments, our family law team can help.

Contact us today for confidential advice on child maintenance.

0333 222 5014 Book a consultation