Child Maintenance Guide for Paying Parents
If you're required to pay child maintenance, it's important to understand how the system works, what you're obligated to pay, and what rights you have. This guide covers everything paying parents need to know about child maintenance in 2026.
In This Guide
Understanding Your Obligation
In the UK, both parents have a legal responsibility to financially support their children. If your child lives primarily with the other parent, you're expected to contribute through child maintenance payments.
This obligation exists whether or not:
- You were married to the other parent
- You have contact with your child
- The other parent works or has their own income
- You have a good relationship with the other parent
Child maintenance is about supporting your child, not the other parent.
How Your Payment Is Calculated
The Child Maintenance Service uses a standard formula based on:
- Your gross income (from HMRC records)
- Number of children (12% for 1, 16% for 2, 19% for 3+)
- Shared care nights (reductions for overnight stays)
- Other children (reductions if you support other children in your household)
Quick Estimate
A parent earning £40,000 with 2 children and no shared care would pay approximately £533/month.
Payment Options
There are different ways child maintenance can be arranged and paid:
Family-Based Arrangement (Private)
You and the other parent agree an amount directly. No CMS involvement, no fees. Most flexible option if you can communicate effectively.
CMS Direct Pay
CMS calculates the amount, but you pay the other parent directly. £20 application fee, then no ongoing charges.
CMS Collect & Pay
CMS collects from you and pays the other parent. Most expensive option: 20% added to your payments as a collection fee.
Where possible, Direct Pay or a family arrangement is more cost-effective.
Your Rights as a Paying Parent
Paying child maintenance doesn't mean you have no rights. You're entitled to:
- Fair calculation: Your maintenance should be based on accurate income figures and account for shared care
- Request reviews: If your income drops by 25%+, you can request reassessment
- Appeal decisions: You can challenge CMS calculations through a mandatory reconsideration and then tribunal
- Shared care credit: Your payments should reflect any overnight stays you have with your child
- Deductions for other children: If you support other children in your household
What If You Can't Afford to Pay?
If your financial circumstances change, there are options:
- Income change: Report any income reduction of 25% or more for reassessment
- Hardship: In extreme cases, variations for "special expenses" might apply
- Payment plans: If you fall behind, the CMS may agree a repayment plan for arrears
Warning: Simply not paying is not an option. The CMS has enforcement powers including deductions from earnings, taking money from bank accounts, and in extreme cases, imprisonment.
Tips for Managing Payments
Practical advice for paying parents:
- Set up a standing order: Automate payments to avoid missed payments and disputes
- Keep records: Document all payments, including bank statements and receipts
- Communicate clearly: If using direct pay, confirm receipt of payments
- Review annually: Check if your circumstances have changed enough to warrant a review
- Don't mix maintenance with gifts: Birthday presents and extras are separate from maintenance
Frequently Asked Questions
Can I pay less if the other parent earns more than me?
No. Child maintenance is based solely on the paying parent's income. The receiving parent's income is irrelevant to the calculation.
What if I'm denied contact with my child?
Child maintenance and contact/access are legally separate issues. You must still pay maintenance even if you're not seeing your child. Contact disputes should be addressed through family court.
Can I pay directly for things instead of giving money?
Not as a replacement for maintenance. You can agree to pay for specific things (school fees, activities) in addition to or as part of a family-based arrangement, but the CMS only deals with money payments.
Does child maintenance stop if I lose my job?
You should report the income change immediately. You may move to Nil Rate or Flat Rate while unemployed, but you should still report the change rather than just stopping payments.