In the UK, you will be eligible to receive child maintenance following divorce if your child is under 16 or 20 if they are in full-time education. Typically, child support stops when a child reaches 16 or 20 if they are in education.
You can apply for child maintenance if you have day-to-day and parental responsibility for a child as a parent, grandparent, or guardian. It is important to remember that receiving child maintenance will not impact any other benefits that you or your child receive, including universal credit.
What does child maintenance cover in the UK?
Child maintenance in the UK typically covers the everyday costs of raising a child, including food, clothing, and housing. Depending on the circumstances, the paying parent may agree to pay other regular amounts, such as private school fees, tuition, and school trips, but they are under no legal obligation to do so. It is also important to bear in mind that under the current law, there is no requirement for the party who receives child maintenance to prove how the money is being spent.
Child support does not cover non-everyday costs such as holidays and birthday presents. This is because if you pay child maintenance, you are not legally obliged to pay for the child’s other financial expenses. For one-off expenses or additional regular payments, we recommend discussing this with your ex-partner and trying to reach an agreement. If you cannot agree, you may need the help of a family law solicitor to reach an amicable outcome.
How much child maintenance should I pay or receive?
The amount of child maintenance depends on a range of factors, such as:
- How many children you have
- The income resources and income of the paying parent
- How much time the child spends with the paying parent
- Whether the paying parent is paying child maintenance for other children
When it comes to reaching an agreement on child maintenance, this can be achieved by either negotiating directly with the other party through the Child Maintenance Service or, as outlined below, applying to the courts. If you are unsure how much child maintenance should be paid, we recommend using the government’s online child maintenance calculator for an estimate.¹ You will be asked to provide details of the paying parent’s income, benefits, and how many nights the child spends with them.
How does the number of children affect child maintenance payments?
The total amount of child maintenance paid by the paying parent each week is divided between the number of children that qualify for child maintenance.
How your income affects child maintenance payment
The way child maintenance is calculated depends on the gross weekly income of the paying parent, as follows:
| Gross weekly income | Weekly amount of child maintenance to be paid |
| Income unknown or not provided | £38 for 1 child £51 for 2 children £64 for 3 or more children |
| Under £7 | £0 |
| Between £7 and £100, or if the paying parent receives benefits | £7 |
| Between £100.01 and £199.99 | Calculated using a formula – reduced rate |
| £200 to £3,000 | Calculated using a formula – basic rate |
| Over £3,000 | The receiving parent can apply to the courts for extra child maintenance. |
How the time you spend with your child affects child maintenance
If you are the paying parent, the more nights that your child spends with you (referred to as ‘shared care’), the less child maintenance you will need to pay, as follows:
| Number of nights that the child spends with the paying parent | Reduction in child maintenance |
| Between 52 and 103 nights | 1/7th reduction |
| Between 104 and 155 nights | 2/7ths reduction |
| Between 156 and 174 nights | 3/7ths reduction |
| Between 175 nights and more | ½ reduction plus an extra £7 a week reduction for each child |
How does paying maintenance for other children affect the payment amount
If the paying parent is paying for other children, the Child Maintenance Service reduces the amount of available income. For one other child, the weekly income is reduced by 11%, and if there are two other children, the weekly income received is reduced by 14%. For three or more other children, the level of income is reduced by 16%.
Child maintenance options
There are three main options for arranging child maintenance: private arrangement between the paying and receiving parent, through the Child Maintenance Service, and by applying to the court.
Although private arrangements offer an extremely effective, flexible, quick, and zero-cost way of reaching an agreement on child maintenance; they are not legally binding. This means that if the paying party breaches the agreement, there is no way it can be legally enforced. To overcome this, it is possible to have the agreement written up in the form of a ‘consent order’ and approved by the courts. Consent orders are enforceable by the courts.
Reaching an agreement with the help of the Child Maintenance Service can prove extremely effective, but this, too, has its limits. For example, the Child Maintenance Service will not take into consideration incomes over a certain amount and additional expenses beyond day-to-day costs.
While applying to the courts for a child maintenance agreement can be a lengthy and drawn-out process, it does provide the option to request additional child expenses that are normally outside the scope of the Child Maintenance Service.
How to apply for child maintenance
You can apply for child maintenance either through the Child Maintenance Service or through the courts
Applying for child maintenance through the Child Maintenance Service
To apply for child maintenance through the Child Maintenance Service, the first step is to use the government’s online ‘Get help arranging child maintenance’ tool.2 It is important to note the reference number provided when using this tool. The next step is to contact the Child Maintenance Service directly on 0800 171 2345 or by post. You will need to provide the following information to register your application:
- The reference number from the ‘Get help arranging child maintenance’ tool
- Your bank account number and sort code
- Your NI number
- How many nights the child spends with the non-resident parent (i.e. the paying parent)
- Employment details of the non-resident parent
- Income and any benefits received by the non-resident parent and the
- Non-resident parent’s private pension contributions
There is also a £20 application fee payable unless you have experienced domestic abuse, are under 19 years old, or live in Northern Ireland.
Applying for child maintenance through the courts
If you decide to apply to the court for a child arrangement order, the first step is to attend a Mediation Information and Assessment Meeting (MIAM) to determine if your matter can be resolved outside of the courts by a trained mediator. If mediation is not suitable or effective, the next step is to complete and submit Form C100 to apply for a child arrangement order. 3 A court application fee must also be paid.
If your application is accepted, the court will set a first court hearing within two months. If the matter cannot be resolved in the first hearing, the judge will set out the next steps. This may involve further hearings. If a resolution cannot still be reached, the judge will make a final decision on the child maintenance to be paid and issue a court order.
If you are considering the court route for child maintenance, it is highly advisable to engage a family law solicitor who can guide and support you and handle the process on your behalf.
Can child maintenance be backdated?
Yes, child maintenance can be backdated, but only if it was formally arranged through the Child Maintenance Service or a court order. If there is no formal agreement in place, it can be extremely difficult to claim backdated child support payments. This is why having a legal agreement in place, whether in the form of a consent order or a child arrangement order, is essential.
When do I stop paying child maintenance?
You will stop paying child maintenance when your child reaches the age of 16 or if they are in full-time education, 20. It is important to understand that your obligation to pay child maintenance does not stop if you remarry or if the receiving parent starts to earn more money than the paying parent.
Child maintenance is normally paid to the receiving parent to cover the costs of raising the child. It is possible to agree to a direct payment to a child over the age of 18, but it is important that this be agreed between the paying and receiving parent and put in writing. This avoids the potential for disagreements and future claims if either party disagree over the arrangement.
References
1 GOV.UK: Child maintenance calculator
2 GOV.UK: Get help arranging child maintenance
3 GOV.UK: Form C100