Child maintenance is regular financial support towards a child’s living costs, paid by the parent who does not have the main day-to-day care of the child. Parents can agree it between themselves or use the statutory Child Maintenance Service (CMS), which is run by the Department for Work and Pensions. This guide summarises GOV.UK’s CMS pages. The CMS operates in England, Wales and Scotland; Northern Ireland has a separate service. It is general information, not legal advice.
The two routes
GOV.UK says child maintenance can be arranged privately if both parents agree, or through the CMS. A private arrangement is flexible and parents decide the amount themselves. The CMS can work out an amount, arrange payments, take action if a parent does not pay, resolve parentage disputes and trace the other parent.
The child must be under 16, or under 20 if in approved education or training, and the applicant must live in the UK as their main home. Either parent can apply, as can a grandparent with main day-to-day care or a guardian. The CMS cannot be used if a court-approved consent order is less than a year old; the guide to consent orders on divorce covers that route. Payments do not affect benefits such as Universal Credit and are not taxed.
How the amount is worked out
GOV.UK says the CMS usually follows six steps. It starts with the paying parent’s yearly gross income, taken from information supplied by HM Revenue and Customs, converts it to a weekly figure, applies one of five rates (nil, flat, reduced, basic or default where income is unknown), and then takes account of other children the paying parent supports. Shared care can reduce the amount where the child stays overnight with the paying parent for at least 52 nights a year. Either parent can ask for a variation to include other income, assets or specified expenses, which GOV.UK says can take up to three months to change the amount.
The CMS reviews the amount every 12 months, and some changes must be reported straight away, such as a move of home (within seven days) or an income change of 25% or more.
Direct Pay and Collect and Pay
There are two ways to manage payments through the CMS. With Direct Pay the paying parent pays the receiving parent directly and there is no fee. With Collect and Pay the CMS collects the money and passes it on. GOV.UK says each regular payment then carries a fee: 20% added to the payment for the paying parent and 4% taken off for the receiving parent. No collection fees are charged if parents work together on a family-based arrangement.
The government announced in February 2024 that the £20 application fee would be removed from 26 February 2024. GOV.UK says the first payment is usually made within 12 weeks of applying.
When payments are missed
On Direct Pay the CMS cannot take action, but the receiving parent can sign in to their online account, report the missed payment and ask to move to Collect and Pay. The CMS can also change the method itself if the paying parent does not pay in full and on time.
On Collect and Pay, GOV.UK says the CMS can make deductions directly from pay, pension or benefits, take money from a bank account, or obtain a court order for payments called a liability order. The paying parent pays an extra fee for these actions; the collection guidance gives a £50 charge for a deduction from earnings as an example. After a liability order the CMS can take further steps such as seizing property. The guidance warns that the case can move to an enforcement unit that applies to the courts, with possible effects on credit rating, a property sale or a prison sentence.
GOV.UK states there are legal limits on collection: the paying parent must be left with enough to live on, and priority debts such as mortgage or rent, utility bills, taxes and court fines come first. Court action can be stopped by contacting the CMS and agreeing to pay what is owed.
Disputes, reporting and when maintenance ends
A parent who disagrees with a decision can ask for a mandatory reconsideration; GOV.UK gives the time limit as 30 days from the date on the decision letter. If still unhappy, they can appeal to the Social Security and Child Support Tribunal within one month of the reconsideration outcome. GOV.UK says a person who gives false information or fails to provide required information can be taken to court and fined up to £1,000.
Maintenance ends when the child leaves education or training or turns 20, whichever happens first, although arrears from missed payments can still be collected. Contact arrangements are dealt with separately; see the guide to child arrangements after separation.
FAQs
Do I have to use the Child Maintenance Service?
No. GOV.UK says parents can make a private arrangement if both agree. The CMS is available where they cannot agree or it is unsafe to talk.
Does child maintenance count as income for benefits?
GOV.UK says it does not affect benefits, including Universal Credit, and no tax is payable on it.
Can I avoid Collect and Pay fees?
Yes, by using Direct Pay, which has no fee, or a private family-based arrangement. GOV.UK says collection fees cannot be avoided by paying directly while on Collect and Pay.
The bottom line
In Great Britain child maintenance can be agreed privately or set by the Child Maintenance Service, which calculates it from the paying parent’s income and the child’s overnight stays. Direct Pay carries no fee but gives the CMS no power to act, while Collect and Pay charges 20% and 4% fees and allows deductions from earnings, bank account collection and liability orders. Reporting changes promptly, keeping records of payments and contacting the CMS before falling behind are the practical safeguards. This is general information, not legal advice.
Sources
- Child Maintenance Service (gov.uk)
- Unpaid child maintenance (gov.uk)
- Child maintenance: paying through the Child Maintenance Service (gov.uk)
- How the Child Maintenance Service works out child maintenance (gov.uk)
- Child Maintenance Service reformed to crack down on parents who refuse to pay, 12 February 2024 (gov.uk)