Using the Child Maintenance Service

What is the Child Maintenance Service?

The Child Maintenance Service (CMS) is the government body that helps separated parents arrange financial support for their children. It replaced the Child Support Agency in 2012 and operates across Great Britain.

The CMS can:

• Calculate how much maintenance should be paid based on a standard formula
• Collect payments from the paying parent and pass them to the receiving parent
• Enforce payments if the paying parent doesn’t pay voluntarily

You don’t have to use the CMS – many parents prefer to make their own arrangements. But if you can’t agree, or if payments aren’t being made reliably, the CMS provides a structured alternative.

Before you apply

Before you can apply to the CMS, you must contact Child Maintenance Options on 0800 171 2345. This free, impartial service will:

• Explain all your options (including private arrangements)
• Help you decide if the CMS is right for you
• Give you information about mediation and other support
• Provide a reference number you’ll need to apply

This initial call is mandatory, but it’s also genuinely useful. Many parents find they can reach a private agreement after understanding their options, avoiding the need for CMS involvement.

Two ways to use the CMS

Direct Pay

With Direct Pay, the CMS calculates the maintenance amount, but you arrange payment directly with your ex-partner – for example, by standing order.

What it costs:

• £20 one-off application fee
• No ongoing charges

What you get:

• An official calculation based on the paying parent’s actual income
• A formal figure both parents can rely on
• The option to switch to Collect and Pay if payments become unreliable

What you don’t get:

• The CMS won’t chase payments if they stop
• No automatic enforcement

Direct Pay works well when both parents are cooperative but want an official calculation to base their arrangement on.

Collect and Pay

With Collect and Pay, the CMS actively collects payments from the paying parent (often directly from their wages) and passes the money to the receiving parent.

What it costs:

• £20 one-off application fee
• Paying parent: 20% added to their calculated maintenance
• Receiving parent: 4% deducted from the amount they receive

For example, if the calculated maintenance is £100 per week:

• The paying parent pays £120 (£100 + 20%)
• The receiving parent receives £96 (£100 - 4%)

What you get:

• Payments collected automatically
• Enforcement action if payments aren’t made
• Regular, predictable payments

What you don’t get:

• The full calculated amount (due to the 4% collection charge)
• Much flexibility – amounts and timing are fixed

Collect and Pay is designed for situations where voluntary payment isn’t working. The charges are intended to encourage parents to use Direct Pay or private arrangements where possible.

How the CMS calculates maintenance

The CMS uses information from HMRC to establish the paying parent’s gross annual income (before tax but after pension contributions). This is converted to a weekly figure.

The basic calculation is:

This amount is then adjusted for:

Shared care: If children spend at least 52 nights per year with the paying parent, the amount is reduced (by 1/7 for 52-103 nights, scaling up to 50% for 175+ nights).

Other children: If the paying parent has other children living with them, their income is reduced by 11-16% before the calculation.

Other maintenance: Existing maintenance arrangements for other children are taken into account.

For very low incomes (under £200 per week) or benefit recipients, reduced or flat rates apply instead of the percentage calculation.

Applying to the CMS

After speaking to Child Maintenance Options, you can apply:

• Online at gov.uk/child-maintenance-service/apply
• By phone on 0800 171 2345

You’ll need:

• Your National Insurance number
• Details about your children
• Information about your ex-partner (name, address, date of birth if known)
• Your reference number from Child Maintenance Options

Once you apply, the CMS will contact your ex-partner to gather information about their income and circumstances. This can take 6-12 weeks.

What happens if payments aren’t made?

If you’re on Collect and Pay and the paying parent doesn’t pay, the CMS has significant enforcement powers:

Deduction from earnings: The CMS can instruct employers to deduct maintenance directly from wages before the paying parent receives them.

Deduction from benefits: Maintenance can be taken directly from certain benefits.

Bank account deduction: Money can be taken from bank accounts, including lump sums.

Driving licence removal: In persistent cases, the paying parent’s driving licence can be suspended.

Passport denial: They can be prevented from obtaining or renewing a passport.

Liability orders: These allow further enforcement action including seizure of goods.

Imprisonment: In extreme cases of wilful non-payment, courts can impose prison sentences.

These powers only apply to CMS-managed arrangements. If you have a private arrangement and payments stop, your main option is to apply to the CMS.

Annual reviews

The CMS conducts an annual review of each case, updating the calculation based on the paying parent’s latest income information from HMRC. Either parent can also request a review if circumstances change significantly during the year.

When the CMS might not be right

The CMS isn’t suitable for everyone:

High earners: The CMS only considers income up to £3,000 per week. If the paying parent earns more, you might need to apply to court for a “top-up” order.

Complex situations: Cases involving assets rather than income, or where you want to include school fees or university costs, may need court involvement.

International cases: The CMS has limited power over parents living abroad (though some exceptions apply for civil servants and military personnel).

Good relationships: If you communicate well and trust each other, a private arrangement is simpler, cheaper, and more flexible.

Making a complaint

If you’re unhappy with how the CMS has handled your case, you can:

1. First, raise the issue with your caseworker
2. If not resolved, ask for a formal review
3. If still unhappy, complain to the CMS complaints team
4. Finally, contact the Independent Case Examiner

For decisions about the maintenance calculation, there’s a separate appeal process through the tribunal system.