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Child Maintenance Solicitor
Child maintenance helps meet a child's living costs when parents live apart. The right route depends on the family's circumstances, any existing order and whether a private arrangement is workable. This page separates financial support from child contact and explains CMS and court options relevant to families in England and Wales.
Sources checked on . This general information does not assess your individual circumstances.
Choosing an arrangement
Parents may agree support privately, including how much is paid, when payments are due and how arrangements will be reviewed. Keep a clear record of the agreement and payments. Consider whether direct negotiation is safe; a private arrangement is not a prerequisite to seeking CMS help.
The Child Maintenance Service can calculate maintenance and arrange collection where its rules apply. Maintenance is distinct from whether a child spends time with a parent: withholding payment is not a way to resolve a contact dispute, and payment does not purchase contact.
Check eligibility and any existing order
CMS generally covers a child under 16, or under 20 in approved education or training. Residence and immigration conditions also apply. Overseas residence or work may take a case outside CMS, although exceptions exist for certain employment abroad. Northern Ireland has separate arrangements.
An existing court-approved maintenance consent order less than a year old can prevent a CMS application. Do not assume a private agreement or older order permanently excludes CMS, or that CMS eligibility answers every question about support for an older child.
How the assessment is made
CMS usually starts with gross income information from HMRC, then applies its rules about relevant deductions, other children and shared overnight care. A calculator offers an indication rather than deciding disputed facts or replacing a formal assessment.
Check the information used and keep evidence of actual arrangements. Similar amounts of overnight contact do not by themselves settle every question about equal day-to-day care or maintenance liability. Explain disputed income, care patterns and any existing support commitments.
- The CMS calculation, decision dates and case reference.
- Income records, relevant pension information and details of other supported children.
- Records of payments and the agreed or ordered overnight arrangements.
Changes, variations and disputed decisions
Report relevant changes promptly rather than waiting for the annual review. A variation asks CMS to consider specified additional income, assets or expenses under its rules; it is not an unrestricted reassessment of whatever either parent regards as fair.
If the calculation is disputed, mandatory reconsideration and a tribunal appeal may be relevant. A service complaint is a different route and does not replace a challenge to the decision. Check the notice and act promptly because time limits apply; provide the calculation and correspondence when seeking advice.
When the court may still have a role
Where CMS has jurisdiction, the Child Support Act limits the court's power to order ordinary periodic maintenance. There are qualified exceptions, including additional support above the statutory income ceiling where the required calculation is in force, educational expenses and disability-related costs.
Cases outside CMS jurisdiction and other forms of financial provision need their own assessment. A divorce financial settlement does not automatically decide the appropriate maintenance route. Review the existing order, the child's needs and the statutory conditions before assuming the court can make the requested award.
Missed payments and practical next steps
CMS currently distinguishes Direct Pay from Collect and Pay. Keep payment records and report arrears. CMS cannot enforce while the case remains on Direct Pay; a move to Collect and Pay can be requested. Collection charges and the method of payment should be checked against current guidance.
CMS enforcement can include deductions from earnings or accounts and further legal action, depending on the case. A private arrangement or court order may require a different response. Ask Highfin to identify the applicable route and the work involved; recovery and timescales cannot be guaranteed.
Official guidance
- Identify the decision or missed payment
- Bring the agreement, order or CMS notice, the payment history and any approaching deadline.
- Confirm the available assistance
- Agree the scope and charges for reviewing eligibility, a disputed calculation or enforcement options. No Highfin funding arrangement is promised.
Frequently asked questions
Your questions
Do payments stop if contact stops?
Not simply because contact stops. Maintenance and arrangements to spend time with a child are separate issues.
Can we agree an amount without CMS?
Yes, if an arrangement is workable and safe. Record its terms and review points, but do not assume it permanently prevents a later CMS application.
Can maintenance continue after 16?
CMS eligibility can continue for approved education or training up to the relevant limit under 20. Other financial provision may involve different court rules, so check the circumstances.
Is a variation the same as an appeal?
No. A variation concerns specified additional factors in a calculation. Challenging a decision follows the reconsideration and appeal procedure; the correct route depends on the issue.
Will CMS enforce an informal private arrangement?
Do not assume so. CMS assessment and enforcement are distinct from private promises. Advice may be needed about applying to CMS or enforcing an existing court order.
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