When parents separate or no longer live together, one important question is how the costs of caring for children are shared. In England and Wales, the statutory system that handles this is the Child Maintenance Service (CMS). This article explains how maintenance payments are determined and how enforcement works.

What is Child Maintenance?

Child maintenance refers to regular payments that a parent, often the non-resident parent, makes to the other parent to contribute towards the child’s everyday living costs. Under the Child Support Act 1991 and later regulations, separated parents have a legal obligation to support their children financially.

Parents may arrange maintenance privately if they agree, but the statutory CMS scheme applies where they cannot agree or choose to have the CMS calculate and manage payments.

The Calculation: Step by Step

The CMS uses a standard process to determine how much a paying parent should pay.

1. Working out income

The CMS will obtain the paying parent’s gross annual income from HM Revenue & Customs. This includes income from employment or self-employment, pensions, and some benefits. Student grants and loans are not counted. The annual figure is then converted into a gross weekly income.

1. Adjusting for certain factors

The CMS adjusts for things such as pension contributions, the number of other children the paying parent supports, and whether the paying parent receives certain benefits.

1. Applying a rate

One of five possible formula rates applies, depending on the paying parent’s gross weekly income: nil, flat, reduced, basic, or default.

1. • If income is below £7 a week, the nil rate applies (no payment).
   • If income is £7–£100 a week, or the parent receives certain benefits, the flat rate applies (£7 per week).
   • If income is between £100.01 and £199.99 a week, the reduced rate applies.
   • If income is between £200 and £3,000 a week, the basic rate applies.
   • If income cannot be verified, the default rate applies (fixed sums of £38 for one child, £51 for two children, or £64 for three or more).
2. Shared-care adjustment

If the child stays overnight with the paying parent for at least 52 nights a year, a deduction applies to the maintenance amount for that child.

1. • 52–103 nights: reduce by one-seventh
   • 104–155 nights: reduce by two-sevenths
   • 156–174 nights: reduce by three-sevenths
   • 175 or more nights: reduce by one-half, plus an additional £7 per week for each child

1. Weekly amount decided

Based on the above, the CMS issues a weekly maintenance amount. This amount remains until a review or a change in circumstances is reported.

Variation and Change of Circumstances

If the paying parent has income or assets not automatically counted, such as investment income above a threshold, or if there are special expenses like the cost of contact or supporting a disabled child, either parent can request a variation.

The amount may also change if either parent reports a change in circumstances, such as a change in income, new children in the household, or a change in shared-care nights. The CMS also reviews cases annually.

Enforcement: What Happens If Payments Are Missed

If the paying parent fails to make the required payments, the CMS has a wide range of enforcement powers.

These include:

• Deductions from earnings, where an employer is ordered to deduct payments directly from wages.
• Deductions from benefits, in flat-rate cases.
• Bank account deduction orders, where money is taken directly from accounts.
• Liability orders, which can lead to the use of enforcement agents (bailiffs), charging orders against property, or in serious cases, disqualification from holding a driving licence or passport.
• In cases of wilful refusal or neglect, the court can impose a short prison sentence.

Employers who fail to carry out a deduction from earnings order may face fines.

Recent changes have also streamlined the process of obtaining liability orders, allowing the CMS to act more quickly when enforcing arrears.

Practical Points and Duration

Child maintenance normally continues until a child is 16, or up to age 20 if they remain in full-time education that is not advanced (for example, A-levels or equivalent).

The first payment is usually due within around 12 weeks of the CMS arrangement being made. Parents can use Direct Pay, where they pay each other directly, or Collect and Pay, where the CMS handles payments. The Collect and Pay option includes collection fees – currently 20% added for the paying parent and 4% deducted from the receiving parent’s payment.

The application fee for new CMS cases was abolished in February 2024, meaning there is now no charge to start a case.

New legislation also gives victims of domestic abuse the right to use Collect and Pay from the outset, avoiding the need for any direct contact with the other parent.

An Illustrative Example

Suppose a paying parent has a gross weekly income of £800 after adjustments and is paying for one child. Under the basic rate, the CMS applies 12% on the first £800.

This results in £96 per week. If the child stays overnight 110 nights per year, the payment is reduced by two-sevenths, making it roughly £81 per week.

Why This Matters

Child maintenance ensures that children whose parents live apart still receive reliable financial support towards their living costs. The statutory system provides a consistent, transparent way to calculate what is owed, as well as strong enforcement powers to ensure payments are made.

For both parents, it is important to understand how income is calculated, what deductions apply, and what options exist for making payments or raising disputes. Keeping accurate records and notifying CMS promptly of any change in circumstances helps avoid arrears and enforcement action.

Conclusion

In England and Wales, the Child Maintenance Service provides a clear framework for how child support payments are calculated and enforced. The system is based on gross income, with adjustments for pension contributions, other children, and shared care.

With the removal of application fees and new enforcement powers, the CMS continues to strengthen its ability to ensure children receive the financial support they are entitled to.

For separated parents, understanding how maintenance is calculated—and the responsibilities it entails—can help ensure fair, regular payments that support the child’s welfare and stability.