If you’re raising other children in your home, the CMS does take that into account. Here, ‘other children’ here means any children who live with you and whom you support, but who aren’t part of this particular maintenance calculation – for example, a child from a new relationship.
In these cases, the CMS reduces the gross income it assesses before applying the maintenance percentage, recognising that some of your income already goes towards supporting the children in your household.
Sometimes the easiest way to understand the formula is to see it applied. Here’s a simple, realistic scenario:
Example calculation:
Final payment: £60 − £8.57 = £51.43 per week.
Yes, the more nights your child stays with you, the lower your maintenance payment become. This is because you’re already covering more of their day-to-day costs directly.
The CMS applies set reductions based on the average number of overnight stays per year:
Overnight stays matter, so it’s worth keeping an accurate record of the arrangement. If care time is disputed, a formal child arrangements order can set out exactly where your child lives and when, which in turn affects the maintenance figure.
If your child spends an equal amount of time living with each of you, no child maintenance is payable. Neither parent pays the other for that child.
This applies where the split is genuinely equal and clearly evidenced. Where care is close to equal but not quite, the 175+ nights reduction usually applies instead.
Understanding how care time is defined can be complex, and if you’re unsure how arrangements affect your position, it may help to read our guide on sole custody.
There isn’t a fixed ‘average’ figure, because payments depend so heavily on income and shared care. Two parents earning the same amount can pay very different sums once overnight stays are taken into account.
That said, you can estimate a typical figure using the Basic rate. A parent earning £500 gross a week with one child and no shared care would pay around £60 a week before any reductions. The best way to confirm your own figure is the government’s free child maintenance calculator, which applies the same formula set out above.
Yes, the CMS only assesses gross income up to £3,000 per week, which is £156,000 a year. If you earn more than this, the CMS will not require you to pay more than its maximum assessment, regardless of your actual income.
However, the receiving parent may apply to the family court for a ‘top-up’ order under Schedule 1 of the Children Act 1989, where the court can order additional maintenance above the CMS cap. These cases often involve wider financial matters and can sit alongside issues such as spousal maintenance, so getting tailored legal advice is recommended.
Ashley Le-Core, Partner at our family law office in Esher, says:
“Child maintenance on the face of it, can be a straightforward process, looking at the gross income of the non-resident parent, looking at how many children of the family there are and then also considering how many nights a week the children spend with the non-resident parent.
“However, there can be complicating factors when the non-resident parent has a very high salary or are self-employed. The Child Maintenance Service should always be your first port of call for any dispute, but if there can be agreement between the parents as to how much should be paid, this is always preferable.”
Child maintenance is intended to contribute towards your child’s everyday living costs. It covers the essentials that keep daily life running.
Maintenance covers essential living costs:
The following fall outside standard CMS assessments (requiring private agreement or court order):
Many parents choose to agree additional contributions for these extras, such as school uniform, trips or childcare. There’s flexibility here, especially when you can reach agreement between yourselves.
You pay child maintenance while your child is a qualifying child, which generally means until they reach a set age.
Payments usually continue until your child is 16, or up to the age of 20 if they remain in approved education or training. Approved education means full-time, non-advanced study, such as A-levels, rather than university.
Your relationship status doesn’t change this. Remarrying, for example, has no bearing on your obligation to keep paying for your child.
Yes, and in many cases it’s the simplest route. If you and the other parent can agree an amount, you can put a private arrangement in place without involving the CMS at all.
A private arrangement (sometimes called a family-based arrangement) gives you flexibility. You might use the CMS formula as a starting point and then agree extra contributions for costs like school trips or childcare on top.
If you can’t reach agreement, you can apply to the CMS who can calculate, collect, and enforce payments where needed.
Child maintenance may feel complicated at first, but the calculation follows a clear, consistent formula: Your gross weekly income, the number of children, and the nights they spend with you. Once you know your rate band and apply the relevant percentage and any shared care reduction, you can arrive at a dependable figure.
Every family’s circumstances are different, and questions around high incomes, disputed care time or wider finances can add layers of complexity.
If you’d like clarity on your own situation, our specialist family law team is here to help you move forward with confidence. Get in touch with us today.
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