Child maintenance is a regular financial contribution that helps cover the everyday costs of raising a child when parents are separated. This support is intended for children under 16 or under 20 if they are still in full-time education but are not pursuing studies beyond A-Level.
Arranging child maintenance
Child maintenance supports your child’s well-being and improves family relationships.
The parent who does not have day-to-day custody of the child (the “paying parent”) is responsible for paying child maintenance to the parent or guardian who does care for the child (the “receiving parent”).
Establishing an effective maintenance arrangement is essential to ensuring your child is properly cared for. Both parents are legally required to provide financial support for the upbringing of their children, even if they do not live with them.
Separated parents can arrange child maintenance:
- privately through a family-based arrangement
- through a Consent Order from a court
- through the CMS
Consent Order
A Consent Order is an official ruling made by a court. To put one in place, both parents need to agree on how much child maintenance is going to be paid and how often before going to court.
If you need assistance determining the payment amount, you can use the online calculator to help calculate child maintenance.
To use the calculator, you’ll need to know:
- the paying parent’s gross weekly income
- the number of children the maintenance is to be paid for
- the number of nights, on average, the paying parent has the child(children) for each year
- the number of other children living in the paying parent’s household
The calculator can give you an indication of the amount of maintenance that might be payable.
The amount of child maintenance calculated by the online calculator may differ from what the statutory maintenance service determines for the paying parent or what has been agreed upon in court as part of a consent order.
This difference should not be used to appeal a decision or request a court to change a consent order. You can use the calculated amount to discuss child maintenance with the other parent. Once you agree on an amount, the court will assess whether it appears reasonable.
To legally bind this agreement, you can ask the court to convert it into a Consent Order. This can be done privately with the other parent or through a solicitor.
Legal costs
Putting in place a Consent Order will involve legal costs for:
- solicitors
- mediators
- court fees
If you can’t afford the costs, you might qualify for help with legal expenses through Legal Aid.
Paying child maintenance
If the parent responsible for paying child maintenance fails to make payments, the other parent can request the court to enforce the Consent Order. The court has the authority to order that money be deducted directly from the parent’s wages or property and can also compel them to sell their belongings.
During the first 12 months of a Consent Order, you cannot ask the CMS to implement a child maintenance arrangement. This includes calculating, collecting, or enforcing payments.
After 12 months have passed since the Consent Order, either parent can approach the CMS for a child maintenance arrangement, which will supersede the Consent Order.
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