Earlier this year, MPs launched a formal inquiry into how well the Child Maintenance Service (CMS) works. Several proposals are now under consideration, in the hope that the CMS will be better able to meet the needs of families and children. 

However, for many people, including those who use it, the CMS remains something of an enigma. In this week’s blog, the team here at Harrogate Family Law have decided to answer some of the most common questions our clients have about child maintenance and how to manage it. 

Do I have to be married to receive child maintenance? 

It’s a common misconception that you need to be married to receive child maintenance – you don’t. Whilst you may not be entitled to what’s known as ‘spousal maintenance’ to cover your needs, you are within your rights to claim child maintenance. 

I don’t have contact with my child, do I still need to pay maintenance? 

Yes. All parents have a legal duty to financially support their child or children, regardless of whether they have contact with them. 

Post-separation relationships can be complex, and it can be tempting to withhold financial support. However, it’s very important to understand that child maintenance is there to meet your child’s or children’s needs, and it might be worthwhile seeking family law advice to discuss a fair outcome for child arrangements. 

Will the court get involved with my child maintenance claim? 

That all depends on the circumstances. In the main, when the child/children and the parents are habitually resident in the UK, child maintenance claims are handled by the CMS. 

However, the court will be able to make an order for child maintenance to cover: 

  • Children with a disability
  • Stepchildren 
  • School fees and the costs of higher/further education 
  • Instances where a parent who isn’t the primary carer lives abroad

The court also has the power to make ‘top-up’ payments, where the paying parent’s income exceeds the current cap of £156,000 per year. These are not automatic; a parent must apply to the Court for a ‘top-up’ order once the CMS has conducted its assessment and concluded that it is a ‘maximum assessment’. Under this application, the Court can also, in some cases, order a lump-sum payment and/or sometimes, make an order stipulating that a property be made available to the child or children. 

If any of the above circumstances apply to you, it’s a good idea to seek advice from a family solicitor who can help. 

Do I have to use the CMS?

No, you don’t. If you and your ex-spouse or partner have agreed on an amount of maintenance between you, the CMS won’t become involved. 

However, it’s essential to bear in mind that such agreements aren’t legally binding, and there’s no way to enforce them if things don’t go according to plan, or change the terms if your circumstances change.

If you were/ are married, or if your spouse is a high earner and you believe that the CMS would make a ‘maximum assessment’, then you and your ex may wish to formalise any agreement you come to by way of a court order.  

What if I have been the victim of domestic abuse and am worried about getting payments from my ex? 

This is entirely understandable, and under no circumstances should you feel unsafe or under threat when making arrangements for child maintenance. 

In 2023, the CMS brought in changes to ensure that survivors of domestic abuse could avoid any form of contact with an abusive ex-spouse or partner, and you can read more about that here. 

If you apply to the CMS, be sure to let them know your situation so they can support you as much as possible.  

What’s the difference between Direct Pay and Collect and Pay? 

When you claim maintenance through the CMS, you can opt to make and receive your payments using either Direct Pay or Collect and Pay. With Direct Pay, the CMS will make the calculation and leave you and your ex to arrange payments between yourselves.  If you opt for Collect and Pay, the CMS will act as an intermediary, charging a fee to collect and distribute payments.

Perhaps the most significant of the proposed changes currently under consultation is the abolition of direct pay and a move to an exclusively Collect and Pay model. There’s also a proposed change to the fees charged: parents who make their payments on time pay only a 2% fee, while those who don’t pay face a 20% fee. 

With 40% of parents who use the CMS reporting non-payment issues, it’s hoped this change will reduce missed payments and provide a stronger incentive to pay. 

How is child maintenance calculated? 

The CMS payments are calculated based on:

  • The paying parents’ gross income 
  • How many children you have  
  • The number of nights the child or children stay in each parent’s home

You can try this handy child maintenance calculator to get an idea of how much your payments will be. 

Given that this approach is over 20 years old, the Government is now looking at how to make calculations ‘both fair and fit for the future’. As such, there are proposals to take into account savings and investments (non-earned income), as well as to consider requests for variations when income is learned about after a calculation is made. 

It goes without saying that the questions we’ve addressed here are by no means exhaustive. Child maintenance is a complex issue, and one with which you may need some help and support. If you need expert legal advice you can trust regarding child arrangements following a separation, please don’t hesitate to get in touch with our team of Harrogate Family Law solicitors.