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Family Law – Child Maintenance
CHILD MAINTENANCE
Form of financial support paid by non-resident parent (“the paying parent”) to the parent with care of the
child(ren) (“the receiving parent”) following the breakdown of a relationship.
Based on principle that a parent who does not live with their child still has a financial responsibility for the
child
Regulated by Child Maintenance Service (CMS) – calculates how much maintenance should be paid by
the paying parent. Can also accept payments on behalf of the receiving parent and take action if
maintenance isn’t paid (including charging admin fees)
Step 1: Calculate paying parents income
Starting point is paying parent’s gross annual taxable income (i.e. their income before tax).
Step 2: Take account of things that affect income
Gross annual taxable income is reduced by subtracting any of the following expenditures:
Pension contributions: payments into occupational or personal pension scheme are subtracted from the paying
parent’s income
Variations for “special expenses”: certain types of qualifying expenditure can also be subtracted:
1. Cost of keeping up regular contact with a child for whom the paying parent is paying maintenance e.g. cost
of fuel (must be at least £10 a week)
2. Costs connected with supporting a child with a disability or a long-term illness who lives with the paying
parent or their partner
3. Repaying debts with a former relationship e.g. paying a car loan for a car the receiving parent has kept (must
be at least £10 a week)
4. Boarding school fees on behalf of a child for whom the paying parent is paying maintenance – but only the
everyday living costs or ‘boarding’ element of the fees (must be at least £10 a week)
5. Making payments on a mortgage, loan or insurance policy for the home that the paying parent and receiving
parent used to share – the receiving parent and any children must still live in the home and the paying parent
must have no legal or equitable interest in it (must be at least £10 a week)
6. Other children supported by the paying parent
Income is reduced by a percentage depending on the number of Number of Reduction to
Children paying parent’s
additional children the paying person supports.
gross income
1 11%
Other children are only taken account of at this stage if the paying
parent’s weekly income is between £200 and £3,000. Between £100 2 14%
- £200 are accounted for in step 5.
3 or more 16%
Gross annual income is then divided by 52 to get the
weekly income figure
Family Law – Child Maintenance
CHILD MAINTENANCE
Form of financial support paid by non-resident parent (“the paying parent”) to the parent with care of the
child(ren) (“the receiving parent”) following the breakdown of a relationship.
Based on principle that a parent who does not live with their child still has a financial responsibility for the
child
Regulated by Child Maintenance Service (CMS) – calculates how much maintenance should be paid by
the paying parent. Can also accept payments on behalf of the receiving parent and take action if
maintenance isn’t paid (including charging admin fees)
Step 1: Calculate paying parents income
Starting point is paying parent’s gross annual taxable income (i.e. their income before tax).
Step 2: Take account of things that affect income
Gross annual taxable income is reduced by subtracting any of the following expenditures:
Pension contributions: payments into occupational or personal pension scheme are subtracted from the paying
parent’s income
Variations for “special expenses”: certain types of qualifying expenditure can also be subtracted:
1. Cost of keeping up regular contact with a child for whom the paying parent is paying maintenance e.g. cost
of fuel (must be at least £10 a week)
2. Costs connected with supporting a child with a disability or a long-term illness who lives with the paying
parent or their partner
3. Repaying debts with a former relationship e.g. paying a car loan for a car the receiving parent has kept (must
be at least £10 a week)
4. Boarding school fees on behalf of a child for whom the paying parent is paying maintenance – but only the
everyday living costs or ‘boarding’ element of the fees (must be at least £10 a week)
5. Making payments on a mortgage, loan or insurance policy for the home that the paying parent and receiving
parent used to share – the receiving parent and any children must still live in the home and the paying parent
must have no legal or equitable interest in it (must be at least £10 a week)
6. Other children supported by the paying parent
Income is reduced by a percentage depending on the number of Number of Reduction to
Children paying parent’s
additional children the paying person supports.
gross income
1 11%
Other children are only taken account of at this stage if the paying
parent’s weekly income is between £200 and £3,000. Between £100 2 14%
- £200 are accounted for in step 5.
3 or more 16%
Gross annual income is then divided by 52 to get the
weekly income figure
