How to Arrange Child Maintenance Fairly and Legally

Why a fair arrangement protects everyone

Separation is hard enough without money becoming a monthly battleground. Child maintenance is not a punishment aimed at the parent who pays, nor a favour granted to the parent who receives it. It is money that belongs to the children, covering the ordinary costs of raising them — food, clothes, school trips, heating, a bedroom they can call their own. Sorting out a clear arrangement early, ideally in writing, reduces conflict later and gives both parents something concrete to rely on rather than a monthly argument.

In practice, there are two main routes: a family-based arrangement you agree between yourselves, or a calculation and collection service run by the Child Maintenance Service (CMS). Both are lawful. The right one depends on how well you and your ex-partner communicate, and how reliable payments are likely to be.

Option one: a family-based arrangement

This is the simplest and most flexible route. You agree an amount and a payment date directly, without involving any official body. The money can be paid by standing order, and you can adjust it as circumstances change — a new job, a second child, a change in how often the children stay over.

To make it work:

• Put it in writing, even if it is only an exchange of emails confirming the figure, the frequency and the date each payment is due.
• Decide what the money covers, and be explicit about extras such as school uniforms, clubs or holidays, so nobody is guessing.
• Keep a simple record of every payment received, including the date and amount.
• Review it once a year, or sooner if either household's income changes significantly.

A family-based arrangement is not automatically enforceable. If you want it to be legally binding, it can be recorded in a consent order approved by the court (or, in Scotland, a written agreement registered for enforcement). That is worth doing where there is any doubt about whether payments will continue — it turns a promise into something a court can act on.

Option two: using the Child Maintenance Service

The CMS works out the figure for you and can also collect payments. It is the right choice when communication has broken down, when payments have stopped, or when one parent simply will not engage. You do not need the other parent's agreement to apply.

There is normally a £20 application fee for the parent who applies, although this is waived in certain circumstances — for example if you have experienced domestic abuse, or if you are under 16. If the CMS collects payments on your behalf (the "Collect and Pay" service), charges apply: the paying parent pays an extra 20% on top of the maintenance, and 4% is deducted from what the receiving parent gets. If you use the "Direct Pay" service, where payments go straight between you, there are no collection charges at all. That is a real incentive to keep payments flowing.

How the maintenance figure is worked out

For most cases, the calculation uses the paying parent's gross weekly income — before tax and National Insurance — and applies a percentage based on how many children the arrangement covers:

• 12% for one child
• 16% for two children
• 19% for three or more children

Deductions are then made if the paying parent has other children living with them, and further reductions apply for each night the children stay overnight with the paying parent — the more nights, the bigger the reduction. Income above a set weekly threshold, currently £3,000, is treated differently and may involve a more detailed assessment. Older cases set up under earlier rules may be calculated differently, so it is worth checking which scheme applies to you.

If payments stop or circumstances change

Missed payments are frustrating, but there are practical steps. If you have a CMS arrangement, report the missed payment straight away — arrears build up from the date they are due, and the CMS has powers that individuals do not.

These can include:

• deducting payments directly from wages or a bank account
• taking money from certain benefits
• applying to the court to disqualify the paying parent from holding a driving licence or passport
• in the most serious cases, pursuing the matter through the courts

The CMS can generally only collect arrears from the date of your application, so delay costs money. If you have a private arrangement, a solicitor's letter is often enough to restart payments without going to court.

Keeping your arrangement on track

Circumstances change: someone loses a job, moves house, has another child, or starts seeing the children far more often. Any of these can justify a recalculation, so tell the CMS promptly if you use its service, or agree a revised figure between yourselves if you do not.

Keep paperwork for at least two years — bank statements showing payments, written agreements, and any messages about changes. If you are unsure whether an offer is fair, or you are being asked to accept something that does not match the official calculation, it is worth a short conversation with a family law solicitor before you sign anything. A little structure now saves a great deal of stress later.