How Does Child Maintenance Work?

When parents separate, one of the most important – and often sensitive – issues is how the children will be supported financially. In the UK, this support is known as child maintenance. It’s a legal obligation for the non-resident parent to contribute to the everyday costs of raising their children, helping to ensure stability, housing, food, education and other essentials.

But how exactly does child maintenance work? Whether you’re arranging payments privately or through the government, it’s vital to understand your rights, responsibilities and options. In this article, we explain the child maintenance system in the UK, how it’s calculated and how you can get help if payments aren’t made.

What is child maintenance?

Child maintenance is the financial support paid by one parent to the other to help with the costs of raising a child after separation or divorce. Typically, the paying parent is the one who doesn’t have day-to-day care of the child, while the receiving parent is the one the child primarily lives with.

It’s designed to cover basic living costs such as food, clothing, school supplies and housing. While it doesn’t always cover luxuries or additional expenses, it plays a key role in ensuring that children maintain a consistent standard of living even after their parents part ways.

The obligation to pay child maintenance usually continues until the child turns 16 or up to 20 if they’re in approved full-time education (such as A-levels or equivalent). In some rare cases, support can extend beyond this age, but the general rule is that payments stop when the child becomes financially independent.

Who decides the amount of child maintenance?

There are two main routes for setting up child maintenance in the UK – family-based arrangements and the Child Maintenance Service (CMS).

With a family-based arrangement, the parents agree privately on the amount and frequency of payments. This option gives more flexibility and avoids fees, but it depends on good communication and cooperation between both parties. There’s no formal enforcement mechanism if payments are missed, so trust is essential.

If you’re unable to reach an agreement or want a more structured system, the CMS – a government-run body – can calculate, collect and enforce payments. The CMS uses a set formula based on the paying parent’s gross weekly income, number of children and how many nights the children stay with each parent. Deductions are made for other children the paying parent is responsible for and adjustments may be made for shared care.

Using the CMS comes with fees, including a 4% deduction for receiving parents and a 20% collection charge for paying parents – so it’s usually seen as a fallback when private arrangements fail.

How is child maintenance enforced?

If a private arrangement breaks down and one parent stops paying, the receiving parent can apply to the Child Maintenance Service to intervene. Once the CMS becomes involved, it can take a range of enforcement actions if payments are missed or avoided.

These include deductions directly from wages via an employer or from bank accounts using a Deduction Order. In more serious cases, the CMS can apply to the courts to take possession of goods or even pursue imprisonment. While these situations are rare, they highlight the seriousness of the obligation and the legal backing behind it.

It’s important for both parents to keep accurate records of any payments made or received – especially in private arrangements – as this may be needed in future disputes or if court involvement becomes necessary.

Can child maintenance be changed over time?

Yes – child maintenance is not a one-size-fits-all system and payments can be reviewed and recalculated as circumstances change. For example, if the paying parent’s income goes up or down or if the care arrangements for the child change significantly, either party can request a reassessment.

If the maintenance is managed through the CMS, they typically review cases once a year automatically. However, either parent can request an earlier reassessment if there’s been a substantial change in income or personal situation.

For family-based arrangements, changes must be agreed upon mutually and it’s wise to document any updates in writing. Where agreement cannot be reached, the CMS or courts may be needed to resolve disputes.

What happens if the paying parent lives abroad?

If the paying parent is outside the UK, enforcing maintenance can be more complicated – but not impossible. The UK has reciprocal enforcement arrangements with several countries, including EU nations, the USA, Australia and Canada. These allow court orders or CMS decisions to be recognised and enforced overseas.

However, the process is usually longer and may require legal assistance. Seeking advice early is recommended if you are trying to claim child maintenance from a parent who has moved abroad or if you are considering relocation yourself.

Legal support for child maintenance arrangements

Child maintenance is a key part of securing your child’s future – but it can quickly become a source of tension and conflict between parents. Whether you need help negotiating a private arrangement, applying through the CMS or enforcing unpaid maintenance, legal guidance can offer clarity and peace of mind.

At Osbourne Pinner Solicitors, our family law team can support you through every step of the process, from initial advice to dispute resolution. We understand the emotional and financial pressures involved and work sensitively to protect your child’s best interests. With offices in Harrow, Canary Wharf, Piccadilly Circus and Manchester, we’re easy to reach wherever you’re based – but we can also chat remotely if that’s easier.

We offer a free 30-minute consultation to discuss your case. Contact us today via the form below, call 0203 983 5080 or email [email protected] to speak with one of our family solicitors. Whether you’re paying or receiving child maintenance, we’re here to help you navigate the system with confidence.