Understanding child maintenance: a guide for parents

Child maintenance is an important part of family law that helps to ensure the financial wellbeing of children following the separation of their parents.

1. What Is child maintenance?

Child maintenance refers to the financial support paid by one parent to the other parent for the purpose of contributing to the living costs of their child or children.

This support helps to cover expenses such as food, clothing, housing, and education. It is designed to ensure that children receive adequate financial support to maintain a standard of living consistent with their needs.

2. Who oversees child maintenance?

In the UK, child maintenance arrangements can be established in different ways through:

• Family-based agreements – parents may mutually agree on a suitable arrangement without the involvement of official bodies. While these agreements are informal and not legally binding, they offer flexibility and can be effective if both parties cooperate. Parents often find it helpful to complete the online government calculator based on the CMS formula (see below).
• The Child Maintenance Service (CMS) – the CMS is a government-run organisation that calculates, manages and enforces child maintenance payments when parents are unable to agree independently. The CMS uses a standard formula based on the paying parent’s income (before tax), the number of nights the child or children are with each parents on average and other factors, to determine the amount of child maintenance payable.
• Court orders – in some cases, especially those involving high-income earners or international considerations, the court may have jurisdiction to oversee child maintenance arrangements.

3. The threshold for a top-up court order

For high-income earners, the CMS has an income cap, currently set at £3,000 gross weekly income (£156,000 per annum). If the paying parent’s income exceeds this threshold and a maximum CMS assessment has been obtained, the receiving parent may apply to the court for a “top-up” order.

A top-up court order allows for additional financial support beyond the CMS-calculated amount. These orders are often used to address costs not typically covered by standard child maintenance.

4. Circumstances in which child maintenance might change

Child maintenance arrangements are not set in stone. Various circumstances may necessitate a revision of the payment amount. These include:

• Changes in income – if the paying parent’s income increases or decreases significantly, the maintenance amount may need to be adjusted accordingly.
• Changes in the child’s needs – as children grow, their financial needs may change, such as when they start school, develop health issues, or pursue higher education. This would not necessarily mean a change in the maintenance payable under the CMS formula, but it may be a reason for parents to agree to changes in any voluntary payments.
• Changes in parenting arrangements – if the living arrangements for a child or children change, such as moving to live primarily with the paying parent, this may impact the maintenance obligations.
• Additional children – if the paying parent has additional children, their financial responsibilities may be reassessed to ensure fair distribution of resources.

Where payments are made under a formal assessment by the CMS, parents can apply to the CMS to vary payments if they believe the circumstances have changed.

Conclusion

Understanding child maintenance is essential for parents navigating the complexities of separation and co-parenting. Our experienced family law solicitors can help you navigate these processes to ensure the best possible outcome for you and your child.