Money is one of the first practical worries when parents separate. Who has to pay child maintenance? How much child maintenance is fair? What happens if the other parent will not cooperate?
This guide explains child maintenance after separation in plain English. It covers who pays, how the amount is worked out and how to make the arrangement stick.
Child maintenance is regular financial support paid by one parent towards a child’s everyday living costs, such as food, clothing, housing and utilities. It is separate from decisions about where a child lives and when they spend time with each parent. Those questions fall under child matters, and the two issues should not be traded against each other.
Our family law experts at Axis Solicitors can help you understand your financial obligations and options early on, so you can plan with confidence.
Who Pays Child Maintenance After Separation? Day to Day Care Explained
In most cases, the paying parent is the parent who does not provide the main day to day care of the child. The Child Maintenance Service often calls this person the non resident parent. The parent with whom the child mainly lives is the other parent, and is usually described as the receiving parent. Sometimes the person with care is a grandparent or another carer, and they can claim child maintenance too.
Both parents have a legal responsibility to support their child financially. That applies whether or not they were married, and whether or not the paying parent sees the child regularly. These child maintenance obligations exist even if the relationship ended badly or contact is limited.
Having parental responsibility is a separate question from child maintenance liability. A parent can owe maintenance without holding parental responsibility, and a parent with parental responsibility is not automatically the one who pays. Our guide to parental rights in UK family law explains the difference.
Child maintenance usually continues until the child turns 16. It can run until they turn 20 if they remain in approved education or training. Children who live independently or marry or enter a civil partnership are generally outside the scheme and can not receive child maintenance.
Child Support Law: What the Rules Say
Child support law in Great Britain is set out mainly in the Child Support Act 1991 and the regulations made under it. This legislation created the formula used by the Child Maintenance Service. It also limits when the family court can make its own order about maintenance.
As per rules:
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No child maintenance is owed if care is exactly equal.
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A minimum payment of £7 per week applies after shared care adjustments.
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52 nights of shared care can reduce payments to £0 for that child.
Under child support law, child maintenance liability generally starts from when the paying parent is told about the application. It is not usually backdated to the day you separated. Waiting to apply can therefore cost the receiving parent money, so it is sensible to raise the issue early.
The paying parent’s age can matter too. Very young paying parents, such as those under 16 or in certain kinds of full-time education, may fall within the nil rate. A parent in prison can also fall within the nil rate.
Three Ways to Arrange Child Maintenance Payments
There are three broad routes to pay child’s living costs. Parents can make a family based arrangement between themselves. They can use the Child Maintenance Service. Or they can ask for a court order, which is possible only in limited situations. The best choice depends on how well you communicate and how much certainty you need.
Family Based Arrangement
A family based arrangement, sometimes called a private arrangement, is where the parents agree the amount and timing themselves. It is flexible and can be changed as circumstances change. According to GOV.UK guidance on paying through the Child Maintenance Service, you will not pay fees if you make a family-based arrangement and do not use the Child Maintenance Service at all.
The downside is that a private arrangement is not legally enforceable. Even a written separation agreement does not bind the Child Maintenance Service. If the paying parent stops paying, the receiving parent has no easy enforcement route unless they then apply to the service. Where parents agree, it still helps to record the figure, the payment date and how often it will be reviewed.
When parents agree, many use the government calculator as a starting point. This gives a neutral figure and avoids arguments over how much child maintenance is reasonable. A family based arrangement works best where both parents see it as reliable financial support for the child and pay on time.
Using the Child Maintenance Service
If you cannot agree, or one party refuses to engage, either parent can apply to the Child Maintenance Service. It works out the amount of child maintenance using the paying parent’s income, which it usually obtains from HM Revenues and Customs. Since February 2024 there has been no fee to apply.
The Child Maintenance Service can also collect and pass on payments and take enforcement action if they are missed. It is the route most separated parents use when they need a figure that is legally enforceable.
How Is Child Maintenance After Separation Calculated?
The Child Maintenance Service follows six steps to produce a weekly maintenance calculation. Full details are on GOV.UK’s page on how child maintenance is worked out. In summary:
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Working out income: the yearly gross income of the paying parent is taken from HMRC records and converted into gross weekly income.
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Adjustments: certain deductions, such as pension contributions, reduce the income used.
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Choosing the rate: one of five rates applies, depending on gross weekly income.
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Other children: the income figure is reduced where the paying parent supports other children in their household.
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Weekly amount: a percentage is applied according to the number of children.
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Shared care: the amount is reduced to reflect the number of nights the child spends with the paying parent.
The Basic Rate and Other Child Maintenance Rates
Most working parents fall within the basic rate. The rate depends on the paying parent’s income:
| Rate | Gross weekly income |
|---|---|
| Nil | Below £7 |
| Flat | £7 to £100, or where the paying parent receives certain benefits |
| Reduced | £100.01 to £199.99 |
| Basic rate | £200 to £800 |
| Basic plus | £800.01 to £3,000 |
Under the basic rate, the paying parent pays 12% of their gross income for one child, 16% for two children and 19% for three or more. These rates are set out in the government’s step-by-step guide. The basic plus rate applies a lower percentage to income above £800 a week, and income above £3,000 a week is not counted by the formula.
The flat rate is a small fixed weekly sum. It applies where the paying parent receives certain benefits, or where their gross income is very low. If the paying parent does not provide income details and HMRC has none, a default amount applies. That default exists to encourage honest disclosure.
Other Children and Shared Care Arrangements
If the paying parent supports other children in their own household, the calculation reduces their income by a set percentage. This reflects their existing responsibilities. Children for whom they already pay child maintenance are dealt with separately within the same step.
Shared care arrangements also affect the figure. The more time the child spends with the paying parent, the lower the payment. The reduction depends on the number of nights each year:
| Number of nights per year | Reduction for each child |
|---|---|
| 52 to 103 | One seventh |
| 104 to 155 | Two sevenths |
| 156 to 174 | Three sevenths |
| 175 or more | One half, plus a further £7 a week |
If parents cannot agree the number of nights, the service may assume only the lowest band applies. This is why accurate records of overnight stays are valuable. Contact arrangements are often settled through a child arrangement order or through agreement, and the care pattern should match what really happens.
A Simple Worked Example of Child Maintenance
Suppose the paying parent has a gross weekly income of £600 and there are two children. There are no other children in their household and no shared care. The basic rate applies at 16%, so the weekly amount of child maintenance is £96.
Now take a paying parent on £1,000 a week with one child. They pay 12% of the first £800, which is £96, plus 9% of the remaining £200, which is £18. That totals £114 a week before any shared care reduction. These examples are illustrations only. Your own figure depends on exact income, the number of children and the care pattern.
The Child Maintenance Service also accepts requests to take extra income or expenses into account. These are known as variations and can apply, for example, to a child’s disability or to certain long-term travel costs for contact.
Direct Pay or Collect and Pay: How Child Maintenance Payments Are Made
Once the Child Maintenance Service has set the amount, child maintenance payments are made in one of two ways. With Direct Pay, the service calculates the amount and the parents arrange payment between themselves, usually by standing order. With Collect and Pay, the service collects the money from the paying parent and passes it on.
Direct Pay has no fees. Collect and Pay does. GOV.UK explains that collection fees add 20% to the paying parent’s payment and take 4% from what receiving parents get. The service can move a case from Direct Pay to Collect and Pay where payments are missed or late.
Because collection fees cost both parents, Direct Pay usually suits parents who can communicate and trust each other to pay. Keep a record of every payment. If a payment is missed, a bank statement is useful evidence.
The government has said it plans to abolish Direct Pay and reduce standard collection fees. The House of Commons Library reports that changes are planned for 2027-28. Until then, the present rules continue to apply.
Family Court: When a Court Order or Consent Order Applies
The family court has limited powers over child maintenance. Where the Child Maintenance Service can deal with a case, the court generally cannot make its own maintenance order. There are exceptions, and these are where legal advice can make a real difference.
Consent Order
Parents who agree terms can ask the court to approve them as a consent order. This makes the agreement a court order, which is legally enforceable. A consent order is common in divorce, where child maintenance is dealt with alongside the wider settlement. Our overview of financial settlements after long periods of separation shows how these agreements fit into the bigger picture.
A consent order for child maintenance does not stop either parent from applying to the Child Maintenance Service later. Once the order has been in place for 12 months, either parent can apply. Parents should consider this when drafting terms.
When the Court Can Order More
A court order can deal with matters outside the Child Maintenance Service formula. Typical examples include:
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a top up where the paying parent’s gross income is above the £3,000 weekly cap, which is how a parent might top up child maintenance;
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school fees and related education costs;
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extra costs linked to a child’s disability;
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a lump sum for the child in some circumstances, such as a capital sum for housing or equipment.
These claims normally need court proceedings. They are more complex and often need careful legal preparation. A lump sum is more often available to parents who were not married, where the claim is brought on behalf of the child. It can sometimes also form part of a wider divorce settlement. Our guide to divorce and property division explains how capital and income are usually considered together.
What Happens If the Other Parent Refuses to Pay?
If a parent refuses to pay, do not simply accept it. Where the Child Maintenance Service is involved, it can move the case to Collect and Pay and can take enforcement action. This may include deductions from earnings or from bank accounts. Charges can be added to the cost for a paying parent who does not comply.
If you only have a private arrangement, the first step is usually to speak to the other parent and, if that fails, to apply to the Child Maintenance Service. Court proceedings are a last resort, but they can be needed to enforce a consent order or deal with extra costs. Keep records of what was agreed and what has been paid.
Domestic Abuse and Child Support
If you have experienced domestic abuse, you may not want to deal with the other parent directly. You do not have to. The Child Maintenance Service can manage contact and collect payments, so you can avoid direct communication. Be aware that Collect and Pay carries fees, so ask the service about your options.
Child support is a separate issue from safety and contact. If you have safety concerns, tell the service and your solicitor early, and seek specialist support where you need it.
When Circumstances Change
The Child Maintenance Service reviews cases each year, but you should report significant changes when they happen. These include a change in income, a new baby, a change in where the children live or a change in the number of nights spent with each parent. A formal review can also be requested if you think the figure is wrong.
With a private arrangement, parents agree changes themselves. It is wise to confirm any change in writing. If you move to a consent order or the Child Maintenance Service, the terms are then easier to rely on.
Child Maintenance and Other Financial Support
Child maintenance is only one form of financial support after separation. Married couples and civil partners may also need to deal with spousal maintenance, property, pensions and savings. Spousal maintenance is paid for the benefit of the ex-partner and is separate from payments for the child.
Unmarried couples have fewer automatic rights, but claims for children can still be made. Our guide to common law partner rights explains where the gaps are. For wider context, see our explanation of divorce, child arrangements and financial settlements.
Practical Steps to Take Now
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Gather income details for both parents, including payslips or tax returns.
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Write down the number of nights the child spends with each parent.
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Use the government calculator to estimate how much child maintenance applies.
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Decide whether a family based arrangement is realistic, or whether you need the Child Maintenance Service.
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Take legal advice if you have a high income, a child with additional needs, school fees to resolve or a wider financial settlement.
How Axis Solicitors Can Help
If you need legal guidance on child maintenance arrangements or family financial matters after separation, Axis Solicitors can provide expert support.
Family Law Comprehensive advice on all aspects of separation, including child maintenance and financial arrangements. Divorce Guidance through divorce proceedings with clarity on child support obligations and consent orders.
Get Advice on Child Maintenance After Separation
The right route depends on your income, your relationship with the other parent and what your child needs. A clear plan from the start can prevent disputes later. If you would like to talk through your position, contact Axis Solicitors to discuss the next steps for you and your child.
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Child maintenance arrangements can be complex, and getting them right matters for your family’s stability.
Whether you need help negotiating a family-based arrangement, understanding your legal obligations, or enforcing an existing order, contact Axis Solicitors today for expert advice tailored to your situation.
