Child maintenance is regular money the parent who doesn't have day-to-day care of the children pays towards their upkeep. You can agree it between you, or use the government's Child Maintenance Service, which works it out mainly from the paying parent's gross income and how many nights the children stay with them. On income between £200 and £800 a week, it's 12% for one child, 16% for two and 19% for three or more, less any reduction for shared care.
Money is one of the hardest things to talk about after a separation, and child maintenance is where it often gets personal. This guide explains how the amount is set, what each route costs, and what happens if payments stop, so you both know where you stand. The Child Maintenance Service also covers Scotland. Northern Ireland has its own service with similar rules.
What is child maintenance?
Child maintenance is money paid towards a child's everyday living costs by the parent who doesn't live with them most of the time, to the parent who does. You have to have an arrangement if your child is under 16, or under 20 if they're in approved education or training (GOV.UK).
- It applies whether or not you were married. Parents who lived together, or never lived together, have the same duty.
- It's separate from time with the children. A parent can't stop paying because they don't see the children, and a parent can't stop contact because maintenance hasn't been paid. Our guide to child arrangements covers time with the children.
- It isn't taxed and doesn't affect benefits. Maintenance you receive doesn't count as income for Universal Credit or other benefits (GOV.UK).
- It's for children, not adults. Money for an ex-husband or ex-wife is spousal maintenance, which is decided differently. See our guide to spousal maintenance.
What are your options for arranging child maintenance?
There are two main routes, and you can switch from the first to the second if things break down.
A private arrangement
You agree the amount, how often it's paid and how, between yourselves, with no one else involved. The GOV.UK child maintenance calculator gives you a starting figure based on the CMS rules, but it's up to you to decide (GOV.UK). Private arrangements are free and flexible, and they work well when you trust each other. The downside is that nobody can enforce them. If payments stop, you'd need to apply to the CMS.
Put what you've agreed in writing, including what happens in school holidays and when the amount will be reviewed. Our co-parenting planner has space for it.
The Child Maintenance Service
Either parent can apply to the CMS, and it works out the amount using the rules below. You can apply even if you don't want the other parent to know where you live, and you can tell the service if it isn't safe for them to know your name or location (GOV.UK). You start online with the "Get help arranging child maintenance" tool on GOV.UK, or by calling the CMS on 0800 171 2345, Monday to Friday, 8am to 6pm (GOV.UK). You'll need your National Insurance number and bank details.
Once there's a calculation, you choose how it's paid: directly between you (Direct Pay) or through the CMS (Collect and Pay). The fees for each are below.
How does the Child Maintenance Service work out child maintenance?
The CMS looks at the paying parent's gross income, which it gets from HMRC, and turns it into a weekly figure. Gross means before tax and National Insurance. It then applies a rate depending on how much that is (GOV.UK):
| Paying parent's gross weekly income | Rate | What's paid |
|---|---|---|
| Under £7 | Nil | Nothing |
| £7 to £100, or on certain benefits | Flat | £7 a week |
| £100.01 to £199.99 | Reduced | From £7, rising with income |
| £200 to £3,000 | Basic | A percentage of income (below) |
| Over £3,000 | Basic, capped | Income above £3,000 is ignored. The receiving parent can ask the court for more |
| Not known | Default | £38 a week for one child, £51 for two, £64 for three or more |
The default rate applies while the CMS doesn't have the information it needs about income.
The basic rate percentages
| Number of children you pay for | On the first £800 a week | On income from £800 to £3,000 |
|---|---|---|
| One | 12% | 9% |
| Two | 16% | 12% |
| Three or more | 19% | 15% |
Source: Child Support Act 1991, Schedule 1, paragraph 2, checked 5 November 2026.
Other children the paying parent supports
If the paying parent has other children living with them, such as a new partner's children or children from a new relationship, their income is reduced before the percentage is applied: by 11% for one other child, 14% for two and 16% for three or more (Schedule 1, paragraph 2(3)).
Income and costs that can change the figure
Either parent can ask the CMS to take extra income into account, known as a variation. This includes rental income or interest and dividends over £2,500 a year, income diverted elsewhere, for example taken as a company car rather than salary, and assets over £31,250. The paying parent can ask for certain costs to be taken off, each over £10 a week, such as travel to see the children, supporting a disabled child who lives with them, debts from the relationship, or the mortgage on the former family home where the other parent and children still live (GOV.UK).
Child maintenance pays for a child's everyday life. It doesn't buy time with them, and it can't be stopped because of it.
How do overnight stays reduce child maintenance?
If the children stay overnight with the paying parent at least 52 nights a year, roughly one night a week, the amount goes down for each child (GOV.UK):
| Overnight stays a year | Reduction for that child |
|---|---|
| 52 to 103 | One seventh (14.29%) |
| 104 to 155 | Two sevenths (28.57%) |
| 156 to 174 | Three sevenths (42.86%) |
| 175 or more | Half (50%), plus a further £7 a week |
Payments on the reduced and basic rates can't go below £7 a week. If you agree the children stay at least 52 nights but can't agree exactly how many, the CMS assumes 52. If the paying parent is on the flat rate because they receive benefits, and the children stay at least 52 nights a year, nothing is paid. If you share care exactly equally, the rules on who pays are different, so ask the CMS how they apply to you.
What does that look like in practice?
These examples use the basic rate and leave out any variations. Use the GOV.UK calculator for your own figures.
- One child, £600 a week gross, the child stays one night a week (52 nights a year). 12% of £600 is £72. Less one seventh for shared care, that's about £62 a week.
- Two children, £1,000 a week gross, no overnight stays. 16% of the first £800 is £128, plus 12% of the remaining £200 is £24, so £152 a week.
- One child, £600 a week gross, one stepchild living with the paying parent. Income is reduced by 11% to £534, and 12% of that is about £64 a week.
What does the Child Maintenance Service charge?
Applying is free: the £20 application fee was abolished in February 2024 (House of Commons Library). What you pay after that depends on how the money moves (GOV.UK):
- Direct Pay: the CMS works out the amount and the paying parent pays the other parent directly. No fees.
- Collect and Pay: the CMS collects the money and passes it on. The paying parent pays an extra 20% on top, and 4% is taken off what the receiving parent gets. If the paying parent doesn't pay in full and on time under Direct Pay, the CMS can move the case to Collect and Pay.
- Enforcement charges are added to the paying parent's bill when the CMS takes action: usually £50 for an order taking money from wages or a bank account, £200 for a one-off lump sum from a bank account and £300 for a liability order (Citizens Advice).
Changes planned for 2027 to 2028
In June 2025 the government decided to remove Direct Pay, so all Child Maintenance Service cases will be collected and monitored by the service. Fees would fall to 2% for receiving parents and for paying parents who pay on time, with 20% still charged to paying parents who don't. The government plans to make these changes in 2027 to 2028 (House of Commons Library; government response). Until then, the current rules above apply.
When does the amount change?
- Every year. The CMS reviews the calculation annually, using updated income from HMRC.
- When circumstances change. The paying parent must report changes such as a new job, a change in income or a change in the number of children they support. Either parent should report a change in overnight stays (GOV.UK).
- If either of you asks for a variation, for extra income or the costs above. It can take up to three months to take effect.
If you disagree with a decision, you must ask the CMS to look at it again first, called a mandatory reconsideration, within 30 days of the date on the decision letter. If you're still unhappy, you can appeal to the Social Security and Child Support Tribunal on form SSCS2, within one month of the reconsideration decision (GOV.UK).
If someone says they aren't the parent
The CMS assumes someone is a parent if, for example, they were married to the mother between conception and birth, they're named on the birth certificate, or a DNA test shows they're the parent. Someone assumed to be the parent pays while the dispute is sorted out. Otherwise, the CMS can ask for a DNA test. If parentage is confirmed later, payments are backdated to when the case was opened. If not, payments can be refunded (GOV.UK).
What can you do if child maintenance isn't paid?
Start with the CMS. If you have a private arrangement, apply for a calculation. If you're on Direct Pay, tell the service payments have been missed and ask to move to Collect and Pay. Keep a record of every payment due, what arrived and when.
The CMS can take action without going to court (Citizens Advice):
- A deduction from earnings order, taking money straight from wages through the employer. It can't take more than 40% of net pay.
- A regular deduction order, taking money from a bank account weekly or monthly, for ongoing maintenance, arrears or both.
- A lump sum deduction order, taking a one-off amount from a bank account.
If those don't work, the CMS can apply to the magistrates' court for a liability order, which makes the arrears a legal debt (Citizens Advice). With a liability order, it can:
- send enforcement agents (bailiffs) to take and sell goods
- get a charging order over the paying parent's home, and then an order for it to be sold
- ask the court to take away their driving licence or passport for up to two years, if the court finds they deliberately didn't pay
- as a last resort, ask the court to send them to prison for up to six weeks. The arrears still have to be paid afterwards
Enforcement can be slow. If you're struggling while you wait, check what benefits you can get. Our guide to divorce and benefits explains what changes when you separate, and Gingerbread, the single parents' charity, has a free helpline and advice on chasing child maintenance.
If you're the one who can't pay
Tell the CMS straight away if your income has dropped, and ask for the calculation to be updated. Arrears build up from the date of the calculation, so don't wait. If you've fallen behind, agree a repayment plan before the CMS takes enforcement action, and get free debt advice from StepChange or Citizens Advice.
When does the family court decide child maintenance?
In most cases the CMS, not the court, decides child maintenance. The court can only make a child maintenance order in certain situations (Child Support Act 1991, section 8):
- If you both agree, as part of a consent order when you divorce. Once it has been in place for a year, either of you can apply to the CMS, and a CMS calculation will replace it (section 4(10)(aa)).
- To top up the CMS amount where the paying parent's income is over £3,000 a week.
- For school fees and other education or training costs.
- For extra costs of a disabled child.
- Where the CMS can't act, for example when the paying parent lives abroad, or for a child over 20 or at university.
If you weren't married, the court can also order a parent to pay lump sums or provide a home for a child under Schedule 1 to the Children Act 1989. Our guide to separating when you're not married explains this. These claims are worth legal advice.
When does child maintenance stop?
Child maintenance usually stops when the child turns 16. It carries on until they turn 20 if they stay in full-time, non-advanced education or approved training, such as A levels, T levels, or most courses up to level 3, accepted before they turn 19. It stops earlier if they start an advanced course such as a university degree, or a course paid for by an employer (GOV.UK). Any arrears still have to be paid after regular payments end.
If maintenance is part of a bigger financial settlement, or you need a court order for school fees or a top-up, a family solicitor can help. Get matched and we'll introduce you to two or three.
Sorting out money for the children?
Tell us what's going on and we'll introduce you to two or three family solicitors or mediators near you. The introduction is free, and they'll tell you their fees before you agree to anything.
Get matchedCommon questions
How much child maintenance should I pay?
If you use the Child Maintenance Service, it depends on your gross income, how many children you pay for, any other children living with you and how many nights the children stay with you. On gross weekly income between £200 and £800, it's 12% for one child, 16% for two and 19% for three or more, before any reduction for shared care. The GOV.UK calculator gives an estimate.
Does it cost anything to use the Child Maintenance Service?
Applying is free. If you pay each other directly using the service's calculation (Direct Pay), there's no charge. If the service collects and passes on the money (Collect and Pay), 20% is added to what the paying parent pays and 4% is taken from what the receiving parent gets. The government plans to change these fees in 2027 to 2028.
Can I stop paying child maintenance if I don't see my children?
No. Child maintenance and time with your children are separate. You still have to pay, and the other parent can't stop you seeing the children because maintenance hasn't been paid. Deal with problems about time with the children through mediation or the family court.
When does child maintenance stop?
It stops when the child turns 16, or 20 if they stay in full-time non-advanced education or approved training, such as A levels or a level 3 vocational course. It stops earlier if they start a university degree or a course their employer pays for. Any arrears still have to be paid.
What can I do if my ex won't pay child maintenance?
If you have a private arrangement, apply to the Child Maintenance Service for a calculation. If you're already on Direct Pay, ask the service to move you to Collect and Pay. The service can then take money from wages or bank accounts, and through the courts it can use bailiffs, charge the paying parent's home, take away their driving licence or passport, or in the last resort send them to prison.
Does child maintenance affect benefits?
No. Child maintenance you receive doesn't count as income for benefits, including Universal Credit, and it isn't taxed.
Sources
- GOV.UK, How the Child Maintenance Service works out child maintenance
- legislation.gov.uk, Child Support Act 1991, Schedule 1 (maintenance calculations)
- legislation.gov.uk, Child Support Act 1991, section 8 (role of the courts)
- GOV.UK, Child Maintenance Service
- GOV.UK, Child Maintenance Service: making and receiving payments
- GOV.UK, Child Maintenance Service: how to apply
- GOV.UK, When child maintenance stops
- GOV.UK, Child Maintenance Service: complaints and appeals
- GOV.UK, Disagreements about parentage
- House of Commons Library, What fees are charged when arranging child maintenance?
- DWP, Government response: Child maintenance, improving the collection and transfer of payments (June 2025)
- Citizens Advice, If you owe child maintenance
Keep reading
This guide is general information, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 5 November 2026.