If there is one topic that generates more questions from separated fathers than any other, it is child maintenance. How is it calculated, why is it so much, and is my ex actually spending it on the kids? We cannot help with that last one, unfortunately. But we can explain exactly how the numbers work.
Where the Money Figure Comes From
The Child Maintenance Service (CMS) gets your income directly from HMRC. Important: it is your gross income, your total pay before tax, not your take-home. Salary, bonuses, overtime, pension income, certain benefits, it all goes in. Things like housing benefit, disability payments, or your new partner's income do not count.
If you are self-employed, they use your most recent tax return. If your income has dropped significantly since then, you can ask for a reassessment, but you will need payslips or accounts to prove it.
The Percentages
For gross weekly income between £200 and £800, you pay 12% for one child, 16% for two, 19% for three or more. On the bit above £800 per week, the rates drop slightly to 9%, 12%, and 15%.
Below £200 a week there is a reduced rate. Below £100 or on certain benefits, it is a flat £7 a week.
Other Children
If you have other children living with you (yours or your partner's) the CMS knocks a percentage off your income before calculating: 11% for one, 14% for two, 16% for three or more.
Overnight Stays
This is the one that catches people out. If your children stay with you overnight, the amount you pay goes down. 52-103 nights a year gets you a one-seventh reduction. 104-155 nights, two-sevenths. 156-174 nights, three-sevenths. 175 or more nights (roughly half the year) gets you a 50% cut plus £7 a week off.
So contact arrangements directly affect how much you pay. Which is one reason, among many, why it matters that you have regular and consistent time with your children.
An Example
Gross income £35,000 a year. That works out to about £673 a week. Two children who stay with you every other weekend, roughly 52 nights a year.
Basic rate for two children: £673 x 16% = £107.68 a week. Shared care reduction (one-seventh): minus £15.38. Total: £92.30 per week, about £400 a month.
If the Numbers Look Wrong
Ask for a mandatory reconsideration within 30 days. If that does not fix it, you can appeal to a tribunal. If there is income the CMS has not captured, like rental income run through a company, or assets over £31,250 (excluding your home), either parent can apply for a variation.
Do You Even Need the CMS?
No. If you and your ex can agree on a figure between you, that is called a family-based arrangement and it is free. Going through the CMS costs: there is a £20 application fee, and if they collect payments on your behalf they add 20% to your bill and take 4% from your ex. Even using Direct Pay, where the CMS calculates the amount but you pay directly, still involves the application fee.
Private arrangements are usually better for everyone. More flexible, no fees, and you can agree things like paying for school uniforms or clubs directly rather than everything going through a flat monthly payment. The key is keeping a record of what you agreed and what you paid. A spreadsheet, a standing order reference, a text confirming the amount. Something. Because if it ever ends up with the CMS, "I always paid her cash" is not going to help you.
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