Child Maintenance Service

The Child Maintenance Service calculates maintenance using a formula based on the paying parent's gross weekly income. The CMS obtains income information directly from HMRC using the most recent tax year's data.

Basic rate calculation (applies to most paying parents):

• 1 child: 12% of gross weekly income
• 2 children: 16% of gross weekly income
• 3 or more children: 19% of gross weekly income

Adjustments:

• Shared care: If the paying parent has the child for overnight stays, the maintenance is reduced. The reduction is one seventh per night per week on average: 1–52 nights = no reduction; 53–103 nights = 1/7th reduction; 104–155 nights = 2/7ths reduction; 156–174 nights = 3/7ths reduction; 175+ nights = flat rate of £7 per week.
• Other relevant children: If the paying parent has other children living in their household (their own biological or adopted children, or partner's children they look after), the income is reduced before the percentage is applied.
• Lower rate and flat rate: Paying parents with gross weekly income below £200 pay a flat rate of £7 per week. Those earning between £200 and £800 may pay a reduced rate. Those with income above £3,000 per week pay the basic rate on the first £3,000 plus a discretionary top-up may be available through court.

You can use the government's child maintenance calculator at gov.uk/calculate-your-child-maintenance to get an estimate before applying to the CMS.

Once the CMS has calculated the maintenance figure, there are two ways for payments to be made:

Direct Pay is the default arrangement. The CMS calculates the amount and both parents are notified. The paying parent pays the receiving parent directly — by standing order, bank transfer, or other agreed method. The CMS does not handle the money. Direct Pay is free of charge.

Advantages of Direct Pay:

• No collection charges
• Payments can often be made on a mutually convenient schedule
• Simpler and less bureaucratic

Collect and Pay is used when the paying parent does not pay voluntarily under Direct Pay, or when there is a history of non-payment, arrears, or domestic abuse. The CMS collects payment from the paying parent and pays it to the receiving parent. Collection charges apply:

• Paying parent pays an additional 20% on top of the maintenance amount
• Receiving parent has 4% deducted from each payment received

You can ask to switch from Direct Pay to Collect and Pay if the paying parent misses payments or is unreliable. The CMS will need evidence of non-payment.

The Child Maintenance Service has a range of enforcement powers when a paying parent refuses to pay:

• Deduction of earnings order (DEO): Money is deducted directly from the paying parent's wages by their employer and paid to the CMS.
• Regular deduction order (RDO): Payments are taken directly from the paying parent's bank account on a regular basis.
• Lump sum deduction order: Used to recover arrears from a bank account in a single sum.
• Charging order: A charge is placed on property owned by the paying parent, to be recovered when the property is sold.
• Removal of driving licence: The CMS can apply to the court for disqualification from driving if there are significant arrears.
• Removal of passport: The CMS can apply to the court for the paying parent's passport to be removed.
• Committal to prison: In cases of deliberate non-payment, the court can commit the paying parent to prison for up to six weeks.

The CMS has a target to take enforcement action when a paying parent misses two consecutive payments. If you are receiving maintenance and payments have stopped, report this to the CMS immediately and ask for enforcement action to be taken.

A family-based arrangement (sometimes called a "private arrangement") is where both parents agree on the amount and method of child maintenance payments without CMS involvement. There is no fee, no formula — you can agree whatever amount works for both of you.

Advantages include:

• No application fees (the CMS charges a £20 application fee for parents with care)
• No Collect and Pay surcharges
• Flexibility to agree arrangements that suit your family (for example, one parent buying school clothes instead of cash payments)
• Less adversarial and more likely to maintain a cooperative relationship

Disadvantages include:

• No enforcement mechanism if payments stop — you would need to apply to the CMS or court
• Private arrangements are not legally binding (unlike a court order)

A voluntary arrangement can be recorded in writing and signed by both parents, but it cannot be enforced without going to the CMS or applying to court. If a family-based arrangement breaks down, either parent can apply to the CMS at any time.