Every child has a right to financial support from both parents. Whether you need to arrange maintenance for the first time, vary an existing arrangement, or enforce payments that have fallen behind, our family law team can help.
How Child Maintenance Works
Most child maintenance in England and Wales is calculated and collected through the Child Maintenance Service (CMS). The CMS uses a formula based on the paying parent's gross income, the number of children, and the number of nights the children spend with each parent.
When Court Orders Are Needed
In some cases, court involvement is necessary:
- Top-up orders, where the paying parent's income exceeds the CMS cap (currently £156,000 gross per year)
- School fees and education costs, additional orders for private school fees or university costs
- Lump sum orders, for specific capital needs such as a car or home deposit
- Property settlement orders under Schedule 1 of the Children Act 1989
- Consent orders, formalising agreements reached between parents
Enforcement
If maintenance payments are not being made, we can help enforce the obligation through the CMS (deduction from earnings orders, liability orders) or through the court where a court order exists.
Frequently Asked Questions
The CMS uses a percentage of the paying parent's gross income: 12% for one child, 16% for two children, and 19% for three or more. Reductions apply for shared care arrangements.
Yes. A family-based arrangement is an agreement made directly between parents without CMS involvement. We can help formalise this in a consent order for added legal protection.