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Child Maintenance (CMS): How the UK Rates Are Worked Out

By Recording Law Editorial Team10 min read
Child Maintenance (CMS): How the UK Rates Are Worked Out

Frequently Asked Questions

How is child maintenance calculated in the UK?

The Child Maintenance Service calculates most child maintenance using the paying parent's gross weekly income, taken from HMRC data, and applies one of five rates: Nil, Flat, Reduced, Basic or Basic Plus, depending on that income. Further reductions apply for other children in the paying parent's household and for shared overnight care.

What is the basic rate of child maintenance?

The Basic rate applies to gross weekly income between £200 and £800, and is charged as 12% of that income for one child, 16% for two children, or 19% for three or more children.

Is child maintenance based on gross or net income?

It is based on gross weekly income, meaning income before tax and National Insurance, but after deducting contributions to an occupational or personal pension. The figure normally comes from HMRC records rather than payslips.

What happens if the paying parent earns over £3,000 a week?

Gross weekly income above £3,000 is ignored by the CMS formula. The receiving parent can apply to a court separately for a top-up order if they believe the paying parent's resources justify more.

What is the difference between Direct Pay and Collect and Pay?

With Direct Pay, the CMS calculates the amount but the parents arrange payment between themselves, with no fee. With Collect and Pay, the CMS collects and passes on the money, charging the paying parent 20% extra and deducting 4% from the receiving parent.

Does shared care reduce child maintenance?

Yes. Overnight stays with the paying parent reduce the weekly amount in bands, from a one-seventh reduction at 52 to 103 nights a year up to a one-half reduction plus a further £7 a week off at 175 nights or more.

How much does it cost to apply for child maintenance?

Applying to the Child Maintenance Service is free for everyone. The previous £20 application fee was abolished in 2024, from 26 February 2024 in Great Britain and from 18 January 2024 in Northern Ireland. Collect and Pay carries its own ongoing percentage fees on top of the maintenance itself.

Does Northern Ireland use the same rules as the rest of the UK?

Northern Ireland has its own Child Maintenance Service under the Department for Communities, separate from the Great Britain scheme, but its rates and rules mirror the CMS formula used in England, Wales and Scotland.

Sources and References

  1. gov.uk: How we work out child maintenance, a step-by-step guide(gov.uk).gov
  2. gov.uk: How child maintenance is worked out(gov.uk).gov
  3. gov.uk: Child Maintenance Service overview(gov.uk).gov
  4. Child Support Maintenance Calculation Regulations 2012(legislation.gov.uk).gov
  5. House of Commons Library, CBP-7770: Child Maintenance: Calculation of income(commonslibrary.parliament.uk).gov
  6. Child Maintenance Options: understanding the child maintenance calculation(cmoptions.org)
  7. Gingerbread: child maintenance explained(gingerbread.org.uk)
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