Child maintenance solicitors

What is child maintenance?

Child maintenance is the regular financial support that the parent who does not live with the child is required to contribute toward the child’s everyday living costs. This includes things like housing, food, clothing, education, and healthcare.

The legal obligation to pay child maintenance exists regardless of whether parents were married, in a civil partnership, or never lived together. Both biological parents are responsible for supporting their children financially, even after separation. That duty does not end simply because one parent has lost contact with the child.

In England and Wales, child maintenance is primarily governed by the Child Support Act 1991, with significant updates introduced through the Children and Families Act 2014 and the Child Support (Enforcement) Act 2023.

Who is entitled to child maintenance?

The parent who has primary day-to-day care of the child (known as the receiving parent) is generally entitled to receive child maintenance from the other parent. That other parent is referred to as the paying parent.

In cases where care is shared equally, the parent with the higher income will typically be the one required to pay. The entitlement applies regardless of marital status, previous court orders in most circumstances, and the level of contact the paying parent has with the child.

In more unusual situations, the receiving parent may be a legal guardian, adoptive parent, or grandparent with formal caring arrangements. Step-parents do not have an automatic legal obligation to pay child maintenance unless they have formally adopted the child.

To fall within the jurisdiction of the Child Maintenance Service (CMS), the paying parent must ordinarily be resident in the UK, working abroad for a UK-based employer, or serving in the UK Armed Forces. The child must also be habitually resident in the UK and under the age of 16, or under 20 if they remain in qualifying full-time education or training.

How long does child maintenance last?

Child maintenance usually continues until the child turns 16. If the child remains in approved full-time education or training after that age (such as A-levels or a recognised vocational qualification) maintenance can continue until they reach 20.

Payments do not automatically stop when these milestones are reached. If you have an arrangement through the CMS, you will need to notify them when circumstances change. If you have a court order or consent order in place, you may need to return to court to bring it to an end formally.

It is also worth noting that maintenance can be reviewed or varied during the period it is in force, particularly if one parent’s income changes significantly or the child’s living arrangements shift. The CMS will automatically review calculations where income changes by more than 25%.

What if we cannot agree on child maintenance?

If you and the other parent are struggling to reach an agreement, there are several options available to you.

Mediation is often a helpful first step. A trained family mediator can help both parents have a structured conversation and work toward an arrangement that works for the child. As members of Resolution, our solicitors can refer you to appropriate mediation services and support you before and after the process.

If mediation is not suitable or does not result in an agreement, you can make an application to the Child Maintenance Service (CMS). The CMS will carry out a calculation based on the paying parent’s gross income and, if necessary, manage the collection of payments. Since April 2024, the £20 application fee is no longer necessary, making the service more accessible than it previously was.

In a limited number of cases (particularly those involving high earners, school fees, disability-related costs, or international elements) the court can be asked to make or vary a child maintenance order. This is not the usual route, but where circumstances warrant it, having experienced legal representation is important.

If payments have already broken down and you are owed arrears, our lawyers can advise on the most effective steps to take, whether that means engaging the CMS enforcement process or, in appropriate cases, pursuing the matter through the courts.