Child Maintenance Guide

Child Maintenance — A Complete Guide

Child maintenance is one of the most important financial issues when parents separate. This guide explains how it works, how it is calculated, and what to do if the other parent refuses to pay.

PDA Law advises on child maintenance for clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14, Mold CH7, Northwich CW9 and Crewe CW1/CW2.

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CMS Child Maintenance Rates

The Child Maintenance Service uses a formula based on the paying parent's gross weekly income.

Rate TypeIncome Threshold1 Child2 Children3+ Children
Nil rateUnder £7/week£0£0£0
Flat rate£7–£100/week£7/week£7/week£7/week
Reduced rate£100–£200/weekSliding scaleSliding scaleSliding scale
Basic rate£200–£800/week12%16%19%
Basic plus rate£800–£3,000/week9%12%15%

Rates are reduced where the paying parent has overnight contact with the child. The above is a guide only — the CMS calculator should be used for accurate figures.

Your Child Maintenance Options

Family-Based Arrangement

Parents agree the amount between themselves. Most flexible, no fees, can be tailored to your circumstances. Can be formalised in a consent order.

✓ No fees ✓ Flexible ✓ Preserves co-parenting

CMS Direct Pay

The CMS calculates the amount and the paying parent pays directly to the receiving parent. The CMS monitors compliance but does not collect payments.

✓ CMS calculation ✓ No collection fees ✓ CMS oversight

CMS Collect & Pay

The CMS collects payments from the paying parent and passes them to the receiving parent. Enforcement powers available. Fees apply to both parties.

✓ Enforcement powers ✓ Reliable payment ⚠ Fees apply

Funding Your Legal Fees

Own a property? You may not need savings to fund your case.

If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.

Explore all funding options

We do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.

Child Maintenance — Frequently Asked Questions

What is child maintenance?
Child maintenance is regular financial support paid by the non-resident parent to the parent with whom the child mainly lives. It is separate from spousal maintenance and is payable regardless of whether the parents were married. Child maintenance continues until the child is 16 (or 20 if in full-time education).
How is child maintenance calculated?
The Child Maintenance Service (CMS) calculates child maintenance using a formula based on the paying parent's gross weekly income, the number of qualifying children, and the number of nights the child spends with the paying parent. The basic rate is 12% of gross income for one child, 16% for two children, and 19% for three or more children.
Can we agree child maintenance between ourselves?
Yes. Parents can agree child maintenance between themselves — this is called a "family-based arrangement". This is often the most flexible and cost-effective option. However, if the arrangement breaks down, either party can apply to the CMS. A family-based arrangement can be formalised in a consent order if both parties agree.
What is the Child Maintenance Service (CMS)?
The Child Maintenance Service is a government body that calculates and collects child maintenance where parents cannot agree. There is a fee for using the CMS — currently £20 to apply, and ongoing collection charges. The CMS has enforcement powers if the paying parent does not pay.
Can child maintenance be included in a divorce settlement?
Child maintenance cannot be made part of a consent order in the same way as spousal maintenance. The CMS has jurisdiction over child maintenance and either party can apply to the CMS at any time, regardless of any private agreement. However, a family-based arrangement can be recorded in a consent order for a period of up to 12 months.
What if the paying parent refuses to pay?
If a paying parent refuses to pay child maintenance, the CMS has extensive enforcement powers — including deductions from earnings, deductions from bank accounts, charging orders on property, and in extreme cases, disqualification from driving or imprisonment.
Do you advise on child maintenance in Chester and Cheshire?
Yes. PDA Law advises on child maintenance for clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14, Mold CH7, Northwich CW9 and Crewe CW1/CW2. We can help you understand your options and negotiate a fair arrangement.

Client Testimonials

What Our Clients Say

“Martin and the team at PDA Law made an incredibly difficult time much more manageable. Their advice was always clear, compassionate, and practical. I felt fully supported throughout.”

Rebecca H.

Family law client, Chester

* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.

Martin Dias, Family Law Executive with almost 30 years experience at PDA Law

Your Family Law Specialist

Martin Dias

Family Law Executive

Divorce · Financial Settlements · Children MattersAlmost 30 Years' ExperienceFinancial Remedy & Pension Sharing Specialist

Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.

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We advise clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14 and throughout Cheshire and North Wales.