Updated: February 2026 • Based on UK Law
A father earns £40,000. He separates from his partner and moves out. He assumes maintenance is a round number they’ll “sort out between them.” He pays nothing for three months. She applies to the Child Maintenance Service. CMS calculates £92 per week — and backdates nothing. Those three months are lost.
Meanwhile, his colleague earns the same amount but agreed a private arrangement from day one. He pays £350 per month directly, they split school uniforms and activities separately, and both know exactly where they stand. No fees. No government involvement. No surprises.
The difference between a messy maintenance dispute and a clean arrangement comes down to whether you act early — and whether you get the numbers right.
What Is a Child Maintenance Agreement?
A child maintenance agreement is an arrangement between separated parents for the non-resident parent to contribute financially towards their child’s upbringing. Parents can agree privately or use the Child Maintenance Service. Private agreements are flexible but not legally enforceable unless made into a court order.
This guide covers UK child maintenance rules, CMS rates, 50/50 custody, and enforcement. Free child maintenance checklist included.
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Required Information for Setting Up Private Support Arrangements
What Are the Rules for Child Maintenance in the UK?
Quick Answer: Both parents have a legal responsibility to financially support their children, regardless of whether they were married. The parent who doesn’t live with the child is expected to contribute to their living costs — either through a private agreement or the Child Maintenance Service.
Three Ways to Arrange It
1. Private agreement (family-based arrangement): Parents agree directly between themselves how much will be paid, when and how. Free, flexible, and keeps control with the parents. Not legally enforceable unless converted into a consent order.
2. Child Maintenance Service (CMS): The government service that calculates and can collect child maintenance. There’s a £20 application fee. Calculations are based on the paying parent’s gross income and number of children.
3. Court order: Courts only get involved in limited circumstances — typically when there are additional costs (school fees, disability needs) or when the paying parent’s income exceeds £156,000 per year.
Who Has to Pay?
The paying parent is the one the child doesn’t live with, or lives with less of the time.
Child maintenance is payable until the child turns 16, or 20 if they’re in full-time education (A-levels or equivalent — not university).
Both mothers and fathers can be paying parents. It depends on who the child lives with, not gender.
What Does Child Maintenance Actually Cover?
Maintenance covers the child’s everyday living costs: food, clothing, housing costs (contributing to rent or mortgage where the child lives), utilities and general day-to-day expenses.
It doesn’t automatically cover extras like school trips, uniforms, birthday presents or holidays — though parents can agree to split these separately in their arrangement.
Scotland & Northern Ireland: Child maintenance rules are largely the same across the UK. The Child Maintenance Service operates in England, Wales and Scotland. Northern Ireland has its own Child Maintenance Service with similar rules.
Key Takeaway: Parents can arrange maintenance privately (free, flexible) or through CMS (calculated, can be enforced). Courts only get involved for high earners or additional expenses.
How Much Should a Father Pay for Child Maintenance in the UK?
Quick Answer: CMS rates are 12% of gross weekly income for one child, 16% for two children, 19% for three or more. These rates apply whether you use CMS or want a benchmark for a private agreement.
The CMS Calculation Rates (2025/26)
- One child: 12% of gross weekly income
- Two children: 16% of gross weekly income
- Three or more children: 19% of gross weekly income
What If You Earn Very Little — or a Lot?
- Below £7/week (nil rate): No maintenance payable
- £7–£100/week (flat rate): £7 per week regardless of number of children
- £100–£199/week (reduced rate): A reduced calculation applies
- £200–£3,000/week (basic rate): Standard percentages above
- Over £3,000/week (basic plus): Court can be asked to top up the CMS amount
Real Numbers: What This Actually Means
Example 1: Gross income £500/week, one child = £500 × 12% = £60 per week (£260 per month).
Example 2: Gross income £800/week, two children = £800 × 16% = £128 per week (£555 per month).
Example 3: Gross income £1,000/week, three children = £1,000 × 19% = £190 per week (£823 per month).
What Counts as Income?
CMS uses gross income from HMRC records, including:
- Employment income (before tax)
- Self-employment profits
- Pension income
- Certain benefits (but not all)
It doesn’t include child benefit, housing benefit, disability living allowance, or a new partner’s income.
Already Supporting Other Children?
If the paying parent has other children living with them from another relationship, income is reduced before the maintenance percentage is applied — 11% for one other child, 14% for two, 16% for three or more.
Key Takeaway: CMS rates are 12% for one child, 16% for two, 19% for three or more — calculated on gross weekly income. Use these as a benchmark even for private agreements.
Do I Have to Pay Child Maintenance if It’s 50/50 Custody?
Quick Answer: Yes, you might still pay — even with perfectly equal shared care. It depends on the exact number of overnight stays and the income difference between parents.
How Overnight Stays Change the Calculation
CMS reduces maintenance based on how many nights the paying parent has the child each year:
- 52–103 nights: One-seventh reduction
- 104–155 nights: Two-sevenths reduction
- 156–174 nights: Three-sevenths reduction
- 175+ nights: One-half reduction, plus £7 off per child
True 50/50 — What Actually Happens
If care is genuinely equal (each parent has the child roughly 182–183 nights per year), CMS still identifies one parent as the “paying parent” — typically the higher earner.
The maintenance is halved, then £7 per child is deducted. So even in true 50/50, the higher-earning parent usually pays something — just significantly less than they would with standard arrangements.
Is There an Automatic Right to 50/50?
No. UK law doesn’t guarantee equal time with each parent. The Children Act 1989 focuses on the child’s welfare, not equal sharing.
However, courts increasingly recognise that children benefit from meaningful relationships with both parents. If you want 50/50 and the other parent disagrees, you’d need to apply for a child arrangement order.
The court considers the child’s wishes (depending on age), each parent’s ability to meet the child’s needs, practical arrangements like school proximity and work schedules, and the status quo.
For more on shared care arrangements, see our parenting plan guide.
What Most 50/50 Parents Actually Do
Many parents with genuine 50/50 arrangements agree that no maintenance is payable in either direction — each covers the child’s costs when the child is with them. This works well when incomes are similar.
If there’s a significant income gap, some parents agree the higher earner pays a nominal amount, or contributes more to specific costs (school uniform, activities) rather than regular maintenance.
Key Takeaway: Even with 50/50 care, the higher earner typically pays reduced maintenance through CMS. Many parents privately agree to no maintenance if care and incomes are roughly equal.
Can a Father Refuse to Pay Child Maintenance in the UK?
Quick Answer: No. A parent cannot legally refuse to pay child maintenance simply because they don’t want to. “Refusing” isn’t a lawful option — and the consequences escalate quickly.
When Maintenance Genuinely Isn’t Payable
A paying parent may legitimately not owe maintenance if:
- Their income is below £7 per week (nil rate)
- They’re under 16
- They’re a full-time student with no income
- They’re in prison
- They’re genuinely not the child’s parent (and can prove it)
What Happens If You Just Don’t Pay?
If you’re using CMS and don’t pay, the consequences escalate:
Collect & Pay: CMS takes over collection, adding 20% to what you pay and taking 4% from the receiving parent.
Deduction from earnings order: CMS instructs your employer to deduct maintenance directly from your wages.
Deduction order: CMS can take money directly from your bank account.
Liability order: CMS applies to court, which can lead to bailiff action, charging orders on property, or even imprisonment (up to 6 weeks) for persistent non-payment.
Driving licence removal: In extreme cases, your driving licence can be taken away.
What If You Disagree With the Amount?
If you think the CMS calculation is wrong, you can ask for a mandatory reconsideration within one month of the decision. If still unhappy, you can appeal to a tribunal.
If your income has genuinely changed (job loss, pay cut), report this to CMS — they’ll recalculate based on current income.
What If You Have a Private Agreement and They Stop Paying?
If you have a private agreement and the paying parent stops, you can’t directly enforce it. Your options are to make a CMS application (they’ll calculate and can collect) or, if you have a consent order, apply to court for enforcement.
This is why many parents convert their private agreement into a consent order — it gives the arrangement teeth.
Key Takeaway: You cannot simply refuse to pay child maintenance. Non-payment through CMS leads to enforcement action including wage deductions, bailiffs, and potentially prison.
Does My Ex Have to Pay Half the Mortgage and Child Support?
Quick Answer: Child maintenance and mortgage contributions are separate legal issues. Your ex doesn’t automatically have to pay both — but in practice, many separated parents end up contributing to both in some form.
Why They’re Separate
Child maintenance is calculated on income alone — it doesn’t factor in the receiving parent’s housing costs. Whether you have a £500/month mortgage or £2,000/month, the maintenance calculation stays the same.
However, child maintenance is intended to contribute to the child’s living costs, which includes a roof over their head. So in theory, some of the maintenance goes towards housing.
Joint Mortgages Don’t Care About Your Separation
If you have a joint mortgage, both parties remain legally liable for payments regardless of who lives there or who left. The mortgage company doesn’t care about your relationship — they want their money from both of you.
Options include:
- One person takes over the mortgage (requires remortgaging in their sole name)
- Sell the property and split the equity
- Continue joint ownership with an agreement about who pays what
- One person buys out the other’s share
Can You Offset Mortgage Against Maintenance?
In a private agreement, absolutely. For example: “Father pays the mortgage in full (£1,200/month) in lieu of child maintenance, which would otherwise be £400/month.”
But CMS doesn’t formally recognise this. If the receiving parent applies to CMS, they’ll calculate maintenance regardless of any mortgage arrangement.
If you do offset mortgage against maintenance, get it in writing. Ideally, make it a consent order so it’s legally binding. See our separation agreement guide for how to document these arrangements.
What About the Financial Settlement on Divorce?
For married couples, the financial settlement deals with property, assets and ongoing maintenance together. The court looks at the whole picture: who keeps the house, how equity is split, and what maintenance is appropriate.
Child maintenance through CMS is usually calculated separately, but the overall settlement takes children’s housing needs into account. See our financial settlement agreement guide for more.
Key Takeaway: Child maintenance and mortgage are legally separate. You can privately agree that mortgage payments offset maintenance, but get it in writing — CMS won’t recognise informal arrangements.
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What Looks Bad in a Child Maintenance Case?
Quick Answer: Hiding income, lifestyle inconsistency, refusing contact, using children as bargaining chips, or refusing to engage with CMS. Courts and tribunals favour honest, child-focused parents who try to resolve things reasonably.
Red Flags for Paying Parents
Hiding income: Working cash-in-hand, routing income through a company, or understating self-employment earnings. CMS can investigate and tribunals take a dim view of financial dishonesty.
Lifestyle inconsistency: Claiming you can’t afford maintenance while posting holidays on social media, driving expensive cars, or clearly living beyond your declared income.
Deliberate underemployment: Quitting a job or reducing hours specifically to lower maintenance. Courts can impute income based on earning capacity, not just actual earnings.
Transferring assets: Moving property or money to a new partner or family member to appear less wealthy. This can be unwound by the court.
Non-engagement: Ignoring CMS letters, missing tribunal hearings, or refusing to provide financial information. This leads to default decisions against you.
Red Flags for Receiving Parents
Refusing reasonable contact: Using maintenance as a bargaining chip (“pay more or you won’t see the kids”) damages your credibility and is seen as putting your interests above the child’s.
Exaggerating needs: Claiming the child has expensive needs that aren’t genuine, or demanding maintenance far beyond CMS rates without justification.
Not declaring household income: While a new partner’s income doesn’t directly affect child maintenance, living as if you have no money while your partner earns well can affect credibility in wider financial proceedings.
Harassment: Constantly contacting the paying parent about money, making threats, or involving the children in financial disputes.
What Courts Actually Want to See
Both parents being reasonable, child-focused and honest. Attempts to resolve things privately before escalating. Clear documentation of income and expenses. Willingness to communicate and adapt as circumstances change.
For practical guidance on co-parenting communication, see our parenting plan guide.
Key Takeaway: Hiding income, lifestyle inconsistency, refusing contact, or using children as bargaining chips all look bad. Courts favour honest, child-focused parents who try to resolve things reasonably.
Your Complete Child Maintenance Strategy
Child maintenance ensures both parents contribute financially to their child’s upbringing after separation. You can arrange this privately (flexible, free, but harder to enforce) or through CMS (formula-based calculation, enforcement powers).
- Use CMS rates as a benchmark even for private agreements — it gives both parents a fair reference point
- Get private agreements in writing — ideally as a consent order for enforceability
- Report income changes promptly to avoid building up arrears
- Keep maintenance and contact separate — never link payment to seeing the children
- Focus on the child’s needs rather than scoring points against your ex
A well-drafted private agreement gives you flexibility while providing clarity for both parents. It’s often the best starting point — you can always involve CMS later if the arrangement breaks down.
Frequently Asked Questions: Child Maintenance UK
Can child maintenance be backdated?
CMS maintenance starts from the date of application, not before. It cannot be backdated. If you’re owed money from a private agreement, you’d need to pursue that through court (if you have a consent order) — but CMS won’t collect historical private arrangement debts.
Does child maintenance stop if I remarry?
No. The receiving parent remarrying or moving in with a new partner doesn’t affect child maintenance. The obligation is to the child, not the ex-partner. A new partner’s income is irrelevant to the calculation.
Can I pay child maintenance directly to my child?
Generally no. Maintenance is paid to the parent with care, not the child, until the child turns 16. After 16 (if still in education), the child can apply to receive maintenance directly in some circumstances, but this is unusual.
What if the other parent won’t let me see my child?
Child maintenance and contact are legally separate. You must continue paying maintenance even if contact is being denied.
If contact is being unreasonably withheld, apply to court for a child arrangement order — don’t stop paying maintenance as leverage. For more on contact arrangements, see our child arrangement agreement guide.
How often is child maintenance reviewed?
CMS reviews calculations annually using the latest HMRC data. You can also request a review if there’s been a significant change — income change of 25% or more, change in overnight stays, or a new child.
Can we agree more or less than the CMS amount?
Yes. Private agreements can be for any amount both parents agree to. Many parents agree to more than CMS rates (to cover extras like activities or school costs) or less (where the paying parent also covers specific expenses directly).
What happens to maintenance if I lose my job?
Report the change to CMS immediately. They’ll recalculate based on your current income. If you’re now on benefits or have very low income, you may move to the nil or flat rate. Don’t just stop paying — you’ll build up arrears.
Is child maintenance tax-free?
Yes. Child maintenance payments are tax-free for the receiving parent and not tax-deductible for the paying parent. This applies whether arranged through CMS or privately.
Can grandparents be made to pay child maintenance?
No. Only parents have a legal obligation to financially support their children. Grandparents, step-parents and other relatives have no legal duty to pay child maintenance, though they can voluntarily contribute.
What if we can’t agree on maintenance?
If you can’t reach a private agreement, either parent can apply to the Child Maintenance Service. CMS will calculate the amount based on the paying parent’s income. The receiving parent can then choose Direct Pay (you arrange payment yourselves) or Collect & Pay (CMS collects, with fees).
Use the free Child Maintenance Agreement Checklist to ensure your arrangement covers everything needed — it pairs perfectly with these FAQs.
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Last updated: February 2026
Disclaimer: This guide provides general UK legal information, not legal advice. Laws are current as of February 2026.
