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Navigating child maintenance can be a real headache after a separation. Knowing your rights and the steps to take is crucial for your child’s financial stability.
The Child Maintenance Service (CMS) is the official government body that handles these cases. It ensures the non-resident parent contributes fairly.
This guide explains exactly how to open a case, how payments are calculated, and what to do if payments are missed. It’s your complete roadmap.
What Is the Child Maintenance Service?
The Child Maintenance Service (CMS) is a government scheme for parents who have separated. Its job is to make sure the parent without the main day-to-day care contributes financially.
This financial support is called child maintenance. It’s a legal responsibility and helps cover the costs of raising your child, like food, clothing, and housing.
The CMS steps in when you and the other parent can’t agree on an amount yourselves. This is known as a ‘family-based arrangement’.
While a private agreement is faster and free, it isn’t legally binding. The CMS provides a formal, enforceable structure when informal chats don’t work.
How to Open a Case with the CMS
Starting a case with the Child Maintenance Service involves a clear process. The first step, however, isn’t actually contacting them.
You are strongly encouraged to first try and reach a private agreement. If that fails, you can then formally apply to the CMS for help.
- Use the Online Calculator: Before applying, use the official calculator on GOV.UK. This gives you a solid estimate of what the payments might be.
- Apply Online or by Phone: The application can be started through the official GOV.UK portal. This is the safest and most direct way to do it.
- Gather Your Information: You will save a lot of time by having everything ready before you start the application process.
To complete the application, you’ll need specific details for yourself, the other parent, and your children.
- Your details: Your full name and National Insurance number.
- Other parent’s details: Their full name, address, and date of birth. If you know their employer’s details, have those handy too.
- Children’s details: The full names and dates of birth of the children involved in the case.
There is a £20 application fee to use the CMS. This is a one-off charge to set up the case.
Important: You might not have to pay the fee if you’re under 19 or have experienced domestic abuse. You must declare this during the application.
How Child Maintenance Is Calculated
The CMS uses a standard formula to work out the weekly payment amount. This ensures the calculation is fair and consistent for everyone.
The main factor is the gross weekly income of the paying parent. This is their total earnings before tax and National Insurance are deducted.
To get this information, the CMS contacts HM Revenue and Customs (HMRC) directly. This means the figure they use is official and up-to-date.
However, other factors can adjust the final amount. The calculation also considers:
- Number of children: The percentage of income paid increases with the number of children who need support.
- Overnight stays: The amount is reduced based on the average number of nights the child stays with the paying parent.
- Other children: If the paying parent supports other children, this is taken into account to reduce the payment amount.
- Pension contributions: Payments into a private pension scheme can also reduce the gross income figure used in the calculation.
Once the calculation is complete, the CMS will send an official letter to both parents. This letter will clearly state the weekly amount to be paid.
Direct Pay vs. Collect & Pay: What’s the Difference?
When you use the CMS, you have two service options for how payments are managed: Direct Pay and Collect & Pay. Each works differently.
Direct Pay is the default and most common option. The CMS calculates the amount, but you and the other parent arrange the payments between you.
This means the paying parent sends the money directly to the receiving parent’s bank account. There are no ongoing CMS fees for using Direct Pay.
Collect & Pay is used when Direct Pay isn’t suitable or has failed. With this service, the CMS actively collects the money and passes it on.
The CMS takes the payment from the paying parent’s earnings or bank account and then transfers it to the receiving parent. This service has fees.
Heads up on fees: The paying parent pays an extra 20% on top of the maintenance amount. The receiving parent has 4% deducted from the amount they get.
What to Do About Missed Payments
Dealing with missed payments is stressful, but the CMS has a clear process. What you do next depends entirely on which service you are using.
If you are on Direct Pay and a payment is missed, you need to act quickly. The responsibility is on you to report the problem.
Contact the CMS immediately. Don’t wait, as delays can make it harder to recover the money. They can then take action to get things moving.
Often, the first step the CMS will take is to move your case to the Collect & Pay service. This gives them the power to enforce the payments.
If you are already on Collect & Pay and a payment is missed, the CMS will handle it. They will automatically begin enforcement action.
This can include deducting the money directly from the paying parent’s wages or from their bank or building society account. It’s a serious process.
Appealing a Decision: Mandatory Reconsideration
What if you believe the CMS has made a mistake in their calculation? You have the right to challenge the decision, but you must follow the correct procedure.
The first step is to request a ‘Mandatory Reconsideration’. This is a formal review where a different decision-maker looks at your case again.
You might do this if you think they’ve used the wrong income information or haven’t accounted for pension payments or the children you support.
There is a strict time limit for this. You must ask for a Mandatory Reconsideration within one month of the date on your decision letter.
If you miss this deadline, you will need a very good reason for the delay. It’s always best to act as soon as you spot a potential problem.
Essential Safety and Scam Alerts
Your safety is paramount. The CMS has special measures in place for people who have experienced domestic abuse. You must tell them about your situation.
When you make your first call, inform the advisor. They can ensure your address and contact details are kept confidential from the other parent.
You also need to be aware of scams. Criminals sometimes pretend to be from the CMS to trick you into sending them money.
Scam Warning: The CMS will NEVER ask you to pay fees or maintenance using third-party apps, WhatsApp, or unofficial payment links. Only use GOV.UK.
There is no official “Child Maintenance App”. Any app you see claiming to be from the CMS is fake. Manage your case only through the official website.
Are There Alternatives to the CMS?
Using the CMS is not the only option. If it’s possible and safe, a private arrangement is often the best starting point for everyone involved.
Here are the main alternatives available:
- Family-based arrangement: This is a private agreement between you and the other parent. It’s flexible and free, but not legally enforceable if payments stop.
- Court Order: In some cases, particularly during divorce proceedings for a married couple, child maintenance can be included in a financial court order.
Using a mediator or solicitor can help you draft a formal agreement. This can add structure to a private arrangement without involving the CMS directly.
Official Contacts and Resources
When dealing with child maintenance, it’s absolutely vital to use only official channels. This protects your data and ensures you get the right information.
All the forms, calculators, and contact details you need are on the government’s official website.
- Official Website: The main portal for all information is www.gov.uk/child-maintenance-service
- Enquiry Line Telephone: 0800 171 2345
- Enquiry Line Textphone: 0800 232 1998
- Opening Hours: Monday to Friday, 8am to 6pm.
Always double-check that you are on a GOV.UK website before entering any personal information. This is your best defence against online scams.
Getting this process right provides security for your child’s future. Use the official GOV.UK calculator to see where you stand and take the first step.
