How is child maintenance calculated?
Short answer
The Child Maintenance Service applies a percentage of the paying parent’s gross weekly income taken from HMRC records: 12% for one child, 16% for two, and 19% for three or more. Overnight stays and other children in the household reduce the figure.
The CMS does not weigh up what a child costs. It applies a formula to the paying parent's gross weekly income, drawn straight from HMRC data for the most recent tax year, and adjusts it for a handful of factors.
The basic calculation
- 12% of gross weekly income for one child, 16% for two, 19% for three or more.
- Shared care reduces the figure by one seventh for each night a week, on average: 52 nights a year or fewer makes no difference; 53–103 nights cuts it by a seventh; 104–155 by two sevenths; 156–174 by three sevenths; and 175 or more nights takes it to a flat £7 a week.
- Other children in the paying parent's household reduce the income before the percentage is applied.
- Gross weekly income below £200 attracts a flat rate of £7 a week, and income between £200 and £800 may produce a reduced rate.
- Income above £3,000 a week is outside the formula. The receiving parent can apply to the family court for a top-up order on the excess.
The government's calculator at gov.uk gives an estimate before you apply.
Getting paid, and enforcing it
Direct Pay is the default: the CMS calculates and notifies, and the paying parent pays the other directly. It is free. Collect and Pay is used where payments are unreliable or there is a history of abuse, and it costs both sides — the paying parent adds 20% on top and the receiving parent loses 4% of each payment. You can ask to switch if payments are missed, with evidence.
Enforcement powers are substantial: deduction from earnings, regular or lump sum deductions from a bank account, a charging order over property, disqualification from driving, removal of a passport, and in deliberate cases committal to prison for up to six weeks. Report missed payments straight away — the CMS aims to act after two consecutive missed payments.
A family-based arrangement avoids all of this. There is no fee, no formula and complete flexibility, including paying in kind. The trade-off is that it cannot be enforced, so if it breaks down either parent can apply to the CMS at any time. If income changes by 25% or more, either parent can ask for an interim review, and where you suspect undeclared or unearned income you can ask the CMS to consider a variation.
Related guides
Child Maintenance Service
Child maintenance is money paid by the non-resident parent (the parent the child does not live with most of the time) to the parent with care to help meet the child's everyday needs. The Child Maintenance Service (CMS) is the government body responsible for calculating, collecting, and enforcing child maintenance in Great Britain. Most parents are encouraged to reach a "family-based arrangement" before turning to the CMS, but the CMS provides a backstop when agreement cannot be reached.
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Child Arrangements Orders
A Child Arrangements Order (CAO) is a court order setting out the arrangements for where a child lives and how much time they spend with each parent or other person. They replaced the old residence and contact orders in 2014. The family court encourages parents to agree arrangements without court intervention, and before making an application you must attend a Mediation Information and Assessment Meeting (MIAM) in most cases. The court's primary concern in every case is the welfare of the child.
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Financial Settlement on Divorce
Sorting out finances is often the most complex and contentious part of a divorce. The family court can make a wide range of financial remedy orders — covering property, pensions, savings, and maintenance — based on the needs of both parties, their contributions, and the length of the marriage.
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Parental Responsibility
Parental responsibility (PR) is the legal term for all the rights, duties, powers, and responsibilities that a parent has in relation to a child and their property. Having parental responsibility gives you a say in major decisions about your child's life — including education, medical treatment, and where they live. Not all parents automatically have it.
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More family questions
- At what age can a child choose which parent to live with?
- Do you need a solicitor to get divorced?
- What happens to the family home in a divorce?
- Do unmarried couples get legal rights after living together for years?
- Can I get half my spouse’s pension when we divorce?
- Does a father who is not on the birth certificate have parental responsibility?
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