Child Maintenance

Child Maintenance

Family Based Arrangement: informal agreement between parents, flexible and cost-free, but no legal enforcement mechanism
Statutory Arrangement via the Child Maintenance Service (CMS): CMS calculates payments based on the non-resident parent’s (NRP) gross income, payments can be made by Direct Pay (no fees), Collect & Pay (20% surcharge for NRP, 4% deduction for resident parent)
Court Ordered Maintenance: used in complex cases (e.g. high income, overseas parent, disability related costs), can include top up orders if CMS assessment is insufficient. Court ordered maintenance can also be included in the financial order on divorce, however it can be changed after 12 months by either parent applying to the CMS.
Gross weekly income of NRP
Number of qualifying children
Share care arrangements (overnight stays)
Other dependent children
The CMS lacks jurisdiction (e.g. parent lives abroad)
Additional financial needs arise (e.g. school fees, disability)
A divorce settlement includes childmaintenance provisions
Deduction from earnings
Seizure of assets
Imprisonment or disqualification from driving
Turns 16, or
Turns 20 if in full time education (up to A levels or equivalent)
It may extend further for children with disabilities or ongoing education needs
Enforcement action by CMS
Court orders
Damage to credit rating
Legal penalties, including imprisonment

Child Maintenance

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