Child maintenance helps to meet a child’s everyday living costs when their parents have separated or were never in a relationship. It is usually paid by the parent who does not provide the child’s main day-to-day care to the parent or person who does.
Both parents remain responsible for the cost of raising their children, even if one parent does not see them. Child maintenance and arrangements for spending time with a child are dealt with separately.
Do parents have to arrange child maintenance?
The Child Maintenance Service states that parents must have a child maintenance arrangement for an eligible child.
Parents can make a private arrangement if they can agree. If they cannot agree, do not feel safe communicating directly or need help collecting payments, they can apply to the Child Maintenance Service.
A private arrangement can include regular payments, direct payment of particular expenses or a combination of both. Parents might agree that one person will pay towards housing, school uniforms, activities, trips or other costs.
The Government provides a child maintenance calculator which can help parents estimate what the Child Maintenance Service is likely to calculate.
Who normally pays child maintenance?
The Child Maintenance Service describes the person without the child’s main day-to-day care as the paying parent. The person who provides the main day-to-day care is the receiving parent.
Eligibility is not limited to married parents. Child maintenance may be required whether the parents were married, lived together or never had a relationship.
An application can be made by:
Either parent
A grandparent providing the child’s main day-to-day care
The child’s guardian
The applicant must normally live in the UK as their main home and have the right to live here. Further conditions and limited exceptions can apply, particularly where a parent lives abroad.
How does the Child Maintenance Service calculate payments?
The Child Maintenance Service normally uses the paying parent’s annual gross income supplied by HM Revenue and Customs. Gross income means income before Income Tax and National Insurance are deducted.
The calculation follows several stages. The service considers:
The paying parent’s gross weekly income
Whether the paying parent receives certain benefits
The number of children included in the application
Other children the paying parent supports
Certain pension contributions
How many nights the child stays with the paying parent
Any relevant additional income or expenses accepted through a variation
The official calculation guidance sets out five possible rates:
Nil rate: No payment where gross weekly income is below £7
Flat rate: £7 a week where gross weekly income is between £7 and £100 or the paying parent receives certain benefits
Reduced rate: A formula applies where gross weekly income is between £100.01 and £199.99
Basic rate: A formula applies where gross weekly income is between £200 and £3,000
Default rate: £38 for one child, £51 for two children and £64 for three or more children where income information is not provided
If the paying parent’s gross weekly income is more than £3,000, the receiving parent may be able to apply to the court for additional child maintenance.
The online calculator provides an estimate rather than a final decision. The amount can change once the Child Maintenance Service checks income, shared care and other relevant circumstances.
Does shared care reduce child maintenance?
Shared care can affect the calculation when a child stays overnight with the paying parent for at least 52 nights a year.
For parents paying the reduced or basic rate, the official reductions are:
52 to 103 nights: 14.29%
104 to 155 nights: 28.57%
156 to 174 nights: 42.86%
175 nights or more: 50%, followed by an additional reduction of £7 a week
The reduction is calculated for each child who stays overnight.
The Child Maintenance Service will normally use the number of nights recorded in a court order or agreed between the parents. If the parents agree that there are at least 52 overnight stays but cannot agree on the precise number, the service may assume 52 nights.
Shared care is based on overnight stays for the statutory calculation. It is not simply based on how often a parent sees the child during the day.
Can other income or expenses be considered?
Either parent can ask the Child Maintenance Service to consider certain additional income, assets or expenses. This is called applying for a variation.
The Government’s guidance on variations says relevant income or assets can include:
Rental income above £2,500 a year
Interest and dividends above £2,500 a year
Income which may have been diverted to prevent it being included
Certain assets worth more than £31,250
A paying parent may be able to ask for certain expenses to be considered. These can include the cost of regular travel to see the child, supporting a child with a disability or long-term illness who lives with them, or making certain payments for the former family home.
An expense will usually need to exceed £10 a week, although this threshold does not apply in the same way to the cost of supporting a child with a disability or long-term illness.
What if the paying parent’s income changes?
The Child Maintenance Service reviews its calculation every 12 months. However, parents should not always wait for the annual review.
A change should be reported if the paying parent’s income rises or falls by 25% or more. Parents must also report certain other changes, including:
A change in who provides the child’s main care
A relevant change in shared-care arrangements
The child leaving the UK
The child being adopted
A change of address or bank details
A person involved in the case dying
The Government advises parents to report relevant changes as soon as they happen.
How are payments made?
Parents using the Child Maintenance Service normally make payments through either Direct Pay or Collect and Pay.
With Direct Pay, the Child Maintenance Service calculates the amount, but the paying parent sends the money directly to the receiving parent. There are no collection fees, and both parents should keep clear records of every payment.
With Collect and Pay, the Child Maintenance Service collects the money and passes it to the receiving parent. Collection fees apply to every regular payment. The paying parent is charged an additional 20%, while 4% is deducted from the amount passed to the receiving parent.
The Child Maintenance Service can move a case from Direct Pay to Collect and Pay when the paying parent does not pay the correct amount in full and on time.
What happens when child maintenance is not paid?
A missed, late or incomplete payment should be reported promptly.
The Child Maintenance Service cannot take enforcement action while a case remains on Direct Pay. The receiving parent can ask for the case to be moved to Collect and Pay.
Once Collect and Pay is being used, the service can take action which may include:
Making deductions from earnings, pensions or benefits
Taking money directly from a bank account
Applying to the court for a liability order
Taking further enforcement action against property after obtaining an order
The paying parent may also be charged additional enforcement fees. The official guidance explains the available steps for dealing with unpaid child maintenance.
What if a parent believes the calculation is wrong?
A parent can ask the Child Maintenance Service to reconsider a decision. This is called a mandatory reconsideration.
The request must normally be made within 30 days of the date shown on the decision letter. If the parent remains dissatisfied after receiving the reconsideration decision, they may be able to appeal to the Social Security and Child Support Tribunal.
An appeal must normally be made within one month of the mandatory reconsideration decision. The official complaints and appeals guidance explains the process.
How long does child maintenance continue?
Child maintenance normally applies while a child is:
Under 16
Under 20 and in qualifying education or approved training
Payments generally end when the child leaves qualifying education or training or reaches the age of 20, whichever happens first. Outstanding arrears can still be collected after regular maintenance has ended.
The precise end date can depend on the child’s course and Child Benefit status. Parents should report changes in education or training rather than stopping payments themselves.
Does child maintenance affect benefits or tax?
According to the Child Maintenance Service, child maintenance payments do not reduce benefits received by the parent or their children, including Universal Credit. The receiving parent does not pay tax on the maintenance received.
Child maintenance and seeing your child are separate issues
Payment of child maintenance does not determine when or how often a parent sees their child. Equally, not seeing a child does not remove a parent’s financial responsibility.
Disagreements about where a child lives or how much time they spend with each parent are dealt with separately from child maintenance. Parents should not treat maintenance payments and child arrangements as bargaining tools in negotiations with each other.
The law governing child maintenance
In England, Wales and Scotland, the statutory child maintenance system is principally governed by the Child Support Act 1991 and the Child Support Maintenance Calculation Regulations 2012.
Please note: This article explains the Child Maintenance Service system operating in England, Wales and Scotland. Northern Ireland has its own Child Maintenance Service and separate legislation. Parents in Northern Ireland should use the official Northern Ireland child maintenance guidance.
