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Every parent has a duty to provide financial provision for his or her children, and sometimes step-children. When parents separate or divorce, typically, one parent becomes the primary carer , and the other parent contributes financially to the maintenance of that child when not in their care.
Financial provision for children can include obligatory child maintenance (calculated by the Child Maintenance Service), top up child maintenance or other appropriate payments to cover expenses such as housing or school fees, for example.
It may be possible for parents to come to an agreement between themselves as to the amount and regularity of maintenance payments. Where an agreement cannot be reached, parents can apply to the Child Maintenance Service (CMS) to calculate and action the appropriate provision. A child maintenance top up order can be pursued through the Court when the non-resident parent is a high earner and their gross income exceeds the maximum assessment through the CMS. This is currently £156,000 per annum.
This article explains what child maintenance is and when it applies, how statutory child maintenance is calculated under CMS rules, and what additional financial provision may be available for children beyond regular maintenance. It also answers common questions that arise during divorce, including how shared care affects the amount paid and what happens when income changes. The aim is to help you understand the framework so you can make informed decisions and, where possible, reduce conflict.
Child maintenance is money paid by one parent to the other (or, in some cases, to the person the child lives with) to contribute towards the child’s everyday costs. It is intended to support the child’s needs, rather than to equalise household incomes or compensate a parent for the end of the relationship. Typical costs covered include food, clothing, utilities, transport, and general activities. In practice, families often treat it as part of the overall financial planning that allows the child to live reasonably in both homes.
Child maintenance usually becomes relevant when parents separate and the child lives with one parent more than the other, or where there is a clear “paying parent” and “receiving parent”. It can apply whether parents were married, in a civil partnership, or never married. It can also apply where the child lives with a grandparent or other carer, depending on the circumstances.
Parents can agree child maintenance between themselves. This is often called a family-based arrangement. It can be flexible, private, and adapted to a child’s changing needs, for example by covering clubs, travel, or childcare in a way that feels fair. However, informal agreements can become difficult to manage if communication breaks down or one parent’s income changes.
If making a family-based arrangement the CMS website provides a calculator on their website that anyone can use to determine the correct child maintenance the paying parent should be paying the receiving parent.
If agreement is not possible, or if either parent wants the certainty of a standard calculation, an application can be made to the CMS. The CMS uses a statutory formula to calculate the amount payable and can collect and enforce payments if needed. Generally, the family court does not make routine child maintenance orders as the CMS has jurisdiction, but the court can still make orders for certain additional financial provision for children, such as school fees, lump sums, or housing, where the legal criteria are met.
The CMS calculation is built around the paying parent’s gross weekly income, usually taken from HM Revenue and Customs information. The CMS then applies a percentage based on the number of qualifying children and makes adjustments for other factors. The result is a weekly amount, typically paid monthly in practice.
As a broad guide, where gross weekly income falls within the main band used for standard calculations, the percentages commonly applied are 12% for one child, 16% for two children, and 19% for three or more children. Different rules and reduced percentages can apply in other income bands, and there are minimum rates where income is low. The CMS also has a cap on the income it considers in the standard formula. If the paying parent’s income exceeds that cap, the receiving parent may need to consider whether an application to the court for additional provision is appropriate, depending on the facts.
Shared care is a key adjustment. If the children stay overnight with the paying parent, the maintenance amount reduces based on the number of nights per year. The reduction is applied in bands. More overnight care generally means a lower payment because the paying parent is meeting more day-to-day costs directly during contact. Where care is broadly equal, the calculation can reduce significantly, and in some scenarios no maintenance may be payable under the statutory formula. However, equal time does not automatically mean equal costs, so parents sometimes agree additional contributions privately for specific expenses even where the CMS calculation is low.
Other children living in the paying parent’s household can also affect the calculation, because the CMS recognises the paying parent’s responsibility to support those children too. The presence of such children can reduce the gross income figure used for the calculation by a set percentage, depending on how many children live with the paying parent.
The CMS can also make variations in specific situations. For example, where a paying parent has unearned income above a threshold, or where there is evidence that income has been diverted to reduce maintenance, a variation may be possible. Likewise, certain costs associated with contact, such as travel, can sometimes be relevant. Variations are fact-specific and require supporting evidence.
CMS assessments can be reviewed if circumstances change, such as a significant change in income, a change in the number of nights the child stays, or changes to who the child lives with. Because the calculation relies on income data, timing matters. If a paying parent’s income drops or increases, it may not be reflected immediately, and parents should understand the review process and what documentation is needed to update the assessment.
Regular child maintenance is not the whole picture. Some families need additional arrangements because a child has particular educational needs, there are substantial childcare costs, or housing must be structured so the child can live securely. These additional needs may be addressed by agreement, through the divorce financial settlement, or in some cases via a court application for specific provision for a child.
School fees and educational costs are a common example. The CMS calculation does not automatically add school fees on top. Parents may agree how fees, uniforms, trips, tutoring, and associated costs will be shared. If agreement is not possible, the court may, in suitable circumstances, make orders requiring one or both parents to contribute towards school fees and other educational expenses, particularly where the family previously planned for private education and it is in the child’s best interests.
Housing is another area where the court can step in. Sometimes, the primary carer cannot rehouse adequately without assistance, even though the other parent has resources tied up in property. In appropriate cases, the court can make an order that provides a home for the child, such as a property being held for the child’s benefit until a trigger event, for example the child reaching a certain age or finishing education. These arrangements are often structured so that the housing provision is linked to the child’s dependency, rather than being an indefinite transfer of wealth to the other parent.
Lump sums can also be ordered for a child’s benefit. This might cover the purchase of essentials, a car suitable for transporting the child, significant one-off educational costs, or setting up a suitable bedroom where the child will stay. The court’s focus is the child’s welfare and needs, assessed against each parent’s financial resources.
It is important to distinguish child-focused provision from spousal maintenance and the division of matrimonial assets. During divorce, a financial settlement may address overall needs, including the costs of raising children, but child maintenance remains a separate legal concept that can be dealt with by the CMS. This can create practical tension: a parent may agree a broader financial settlement expecting certain contributions to continue, only to find routine child maintenance is later recalculated by the CMS. Careful drafting and a realistic appraisal of future change are therefore crucial when negotiating agreements that include school fees, extracurricular costs, or housing plans.
How long do you pay child maintenance for?
Child maintenance is usually payable while a child is a “qualifying child”, which generally means they are under 16, or under 20 if they remain in approved education or training. Approved education typically includes full-time, non-advanced education such as certain college courses. Once a child leaves approved education or training, child maintenance normally ends, even if the child continues to live at home. If a child turns 16 and their education situation changes, it is sensible to check promptly whether they still meet the criteria because this can affect liability and avoid arrears building up. In some families, parents choose to support older children voluntarily, for example during further study or when starting work, but that is separate from statutory child maintenance. Where there are ongoing special needs or other exceptional circumstances, parents may need tailored advice about what additional provision might be available.
Can we agree a different amount to the CMS calculation?
Yes. Parents can agree any amount they consider fair in a family-based arrangement, and that agreement can include flexible payments or the direct payment of certain costs, such as childcare, clubs, or school-related expenses. The advantage is that it can reflect the reality of your child’s needs and your shared expectations, rather than a formula. The risk is enforceability. If one parent stops paying, the other may need to apply to the CMS, and the CMS will calculate the statutory amount regardless of what you previously agreed. That can lead to a lower or higher figure than expected. Some parents manage this by agreeing a base level aligned with the CMS figure and then separately agreeing how extras will be shared. Clear written records help. If you are agreeing something outside the CMS framework, it is also worth thinking ahead about how changes in income, new partners, or changes in care will be handled.
What counts as “shared care” and how does it affect the amount?
Under CMS rules, shared care is measured by the number of nights the child stays overnight with the paying parent. The CMS applies a reduction to the maintenance amount in bands based on the annual number of overnight stays. This means the calculation is sensitive to practical arrangements such as alternating weekends, midweek overnights, and holiday contact. It is not based on who does more school runs, who buys more clothes, or who attends more appointments, even though those things affect real-world costs. Disputes can arise where parents count nights differently or where arrangements are informal and vary. Keeping a diary or calendar can help if you need to evidence the pattern. It is also important to remember that the CMS reduction is only part of the financial picture. Even with substantial shared care, parents sometimes agree additional contributions for specific items where there is a significant cost imbalance.
What happens if the paying parent is self-employed or their income changes?
For employed parents, the CMS usually uses HM Revenue and Customs data to set gross income. For self-employed parents, the CMS can still use tax return information, but the figures may reflect past trading periods rather than current reality. This can create a gap where income has recently fallen or increased. If income changes materially, a parent can ask the CMS to review the assessment. The CMS has rules about when a change is significant enough to trigger a recalculation, and evidence may be required. Where there is concern that income is being artificially reduced, for example by retaining profits in a business, using salary-dividend planning, or diverting income, the receiving parent may consider applying for a variation. Variations can be complex and require detailed financial information, so it is helpful to get advice on what evidence is relevant and what outcome is realistic.
Can the court order payment of school fees or extras if we cannot agree?
In some circumstances, yes. While the CMS generally deals with routine child maintenance, the family court can make orders for specific financial provision for a child that goes beyond the standard formula. This can include school fees, educational expenses, lump sums for particular needs, and housing-related provision. The court will look at the child’s needs and welfare, the parents’ financial resources, and the standard of living the child has experienced. The fact that a child has been privately educated, or that parents jointly planned a particular educational path, can be relevant, but it does not guarantee an order. The court will also consider affordability and fairness. If you are thinking about an application, it is often worth first exploring whether a structured agreement can be reached, setting out who pays what, when payments are due, and how changes such as fee increases or a change of school will be handled.
If my ex does not pay, what can I do?
If you have a family-based arrangement and payments stop, you can apply to the CMS to calculate and collect child maintenance. The CMS has enforcement powers, but the process can take time, so acting promptly matters. Once the CMS is involved, there are different service options that affect how payments are made and what fees may apply. If the paying parent falls into arrears under a CMS arrangement, the CMS may take steps such as deductions from earnings, deductions from bank accounts, or other enforcement measures, depending on the circumstances. If you already have a CMS assessment but payments are not being made, you can request that the CMS moves to a collection method with stronger enforcement. Keep records of missed payments, messages, and any partial payments because they can help clarify the position. If there are safety concerns or coercive behaviour, it is important to seek advice on safe communication and suitable protective steps alongside the maintenance process.
Child maintenance and wider financial provision for children are closely connected, but they operate through different rules. For many separated parents in the UK, the CMS provides a predictable way to calculate routine child maintenance based mainly on gross income, the number of children, and shared care. Understanding the core building blocks of the CMS formula can help you sense-check assessments, plan a workable budget, and avoid common disputes about overnight care or changes in income.
At the same time, children’s real needs do not always fit neatly into a standard calculation. School fees, childcare, disability-related costs, and housing arrangements can require a more tailored approach. Sometimes that is best achieved through a clear agreement between parents, supported by transparent financial disclosure and a sensible method for reviewing changes. In other cases, particularly where resources are significant or communication has broken down, it may be necessary to explore court-based options for child-focused provision that goes beyond routine maintenance.
If you are separating or divorcing and need help understanding how child maintenance interacts with your wider financial settlement and your child’s future needs, consider taking legal advice on your options and the likely outcomes. You can find more information about how Taylor Rose can help, by getting in touch with our team.
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