Child Maintenance Calculation – Explained
Parents who separate often need clear guidance on how child maintenance payments are decided....- 07 November 2025
Posted: 07 November 2025
Child maintenance refers to the financial support a parent provides for their child’s everyday needs. It usually applies when a child lives mainly with one parent and the other parent makes regular payments. Children qualify if they are under 16, or under 20 if still in approved education or training. Both parents remain legally responsible, regardless of relationship status.
Private agreements can be made, but they are not enforceable unless set out in a court order. The CMS provides a statutory scheme that allows parents to reach an agreement. For wider guidance on separation and financial support, see our Family Law Solicitors Page.
The CMS begins by assessing the paying parent’s gross weekly income, using data from HMRC. Pension contributions may be deducted. It then considers how many children need support and whether the parent has other children living in their household.
Once this figure is established, the CMS applies one of five rate bands: nil, flat, reduced, basic, or maximum. For most families, the basic rate applies, which is:
The CMS reduces maintenance if children stay overnight with the paying parent. The more nights spent, the greater the reduction. For example, 52 to 103 nights in a year reduces payments by one-seventh. This is known as the shared care child maintenance adjustment. The system recognises both the practical contribution of time and financial support.
For example, if a parent earns £800 a week and supports two children, they would usually pay about £128 each week. If the children spend 60 nights a year with that parent, the CMS will lower the payment according to the shared care rules. If the parent also supports other children, the CMS adjusts the income before calculating the percentage.
In most cases, the CMS is the correct route; however, the family court child maintenance powers remain important. Under Schedule 1 of the Children Act 1989, the court can make orders where the paying parent lives abroad, where the income exceeds the CMS maximum threshold, or where special costs, such as school fees, need to be met.
The court can order lump sums, transfer of property, or other forms of financial support where appropriate.
If a parent fails to pay, the CMS has strong enforcement powers. It can deduct payments directly from earnings or bank accounts, issue liability orders, and apply to court if necessary. Non-payment can lead to fines or more severe action, reflecting the importance the law places on children receiving support.
Parents should maintain accurate records of their income, contact information, and any changes that could impact maintenance. Informing the CMS promptly about changes can help prevent unpaid amounts from accumulating.
If parents make their own agreement, a Consent Order can help make it legally binding. Obtaining legal advice is especially beneficial if a child has additional needs or if the family’s income exceeds the usual CMS limits.
The child maintenance calculation process may seem complicated, but it is designed to ensure fairness and consistency for children. If you are unsure about the CMS rules or are dealing with enforcement or changes, getting advice early can help you avoid problems.
Our Family Law Solicitors are here to guide with extensive experience, helping parents resolve issues around child maintenance, children arrangements, and the family court process. We combine legal advice with a supportive approach, ensuring your child’s needs always come first.
If you require Family Law legal advice or require representation in a family court, please contact our expert Family Law Team. Call Chelmsford Office 01245 493959 or Braintree Office 01376 556690 or send an email.
Daren specialises in Family Law, from divorce and financial settlements to complex Children Act cases. He expertly handles cohabitation disputes and pre-nuptial agreements, aiming for amicable client resolutions.
- 07 November 2025
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