The second in our series of separated dads guides relates to child maintenance and the issues surrounding it.
To get a quick estimate of what you might need to pay or receive based on your circumstances, you can use our free Child Maintenance Calculator.
Child maintenance is designed to make parents responsible for maintaining their children. This means that non-resident parents (who do not live with the child) make periodical payments to resident parents (who do live with the child and are responsible for the child's day-to-day care).
Parents may agree these payments via a maintenance agreement. The Child Maintenance Service manages the child maintenance schemes. You can contact the Child Maintenance Service on 0800 171 2345 for advice.
The Child Maintenance Service manages the 2012 onwards child maintenance scheme. There is a £20 fee for applying to the Child Maintenance Service. In the first instance, you can call Child Maintenance Options on 0800 988 0988 for free advice.
What is a family-based child maintenance arrangement?
A family-based maintenance arrangement is an agreement between parties made out of court. This allows you to preserve good relations and address your wishes more specifically. It can also help reduce costs. If you and your former partner have a good working relationship, a family-based child maintenance arrangement can be an amicable way to agree matters mutually.
How is child maintenance calculated?
Child maintenance via CMS is based upon your gross weekly income. If you are self-employed, your gross income is based upon your total taxable profits.
The CMS will calculate a suitable child support amount upon application by either the resident or non-resident parent. However parents may agree a different amount.
Much like when you pay council tax, certain categories of people pay a reduced rate or are exempt from paying child support altogether.
You may be exempt or qualify for a reduced rate if you:
- have a gross weekly income of less than £7.
- are in prison
- are under 16 years old
- are a 16- to 19-year-old who has left school but is registered for certain types of government-approved training courses
- are a 16- to 19-year-old who is in full-time, non-advanced education (up
- to and including A-level or equivalent standard are a 16- to 17-year-old who receives Income Support, Income-based Jobseeker's Allowance or Income-related Employment and Support Allowance
- are a 16- to 17-year-old who is included in their partner's claim for Income Support, Income-based Jobseeker's Allowance or Income related Employment and Support Allowance
- are in a care home or independent hospital, for which you are receiving help with fees.
If your children stay with you overnight, you may be entitled to a reduction of your child maintenance payments. They must stay with you a minimum average of one night per week.
If you share care equally, neither of you has to pay maintenance to each other.
If you don't tell the CMS about your shared care arrangements, they will estimate that the children stay with you one night a week. This means you'll usually pay one-seventh less maintenance.
What happens if I have children from a new relationship?
If you have other children this could affect the amount of child support you will pay. Other children relevant to the equation are those for whom you (as the non-resident parent) or your partner receive child benefit for.
Other relevant children are taken into account before the calculation is completed.
When do Child Maintenance payments stop?
Child Support is paid until the relevant child is at least 16 years old.
If the child continues to study full-time (at least 12 hours per week) after the age of 16, you will still have to pay to support your child. Full-time studies include A-level standard but do not include university / professional studies after this level. Child maintenance payments will end when the course finishes or when the child turns 20 years old, even if they are still in full-time studies.

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Try our Child Maintenance Calculator free, here on this site →What happens if I dispute that I am the parent of a child?
When parentage is in dispute, a maintenance calculation should not be done by the CMS until the matter is resolved. There are some exceptions when parentage will be assumed however:
- If you were married to the mother at any point between conception and birth of the child
- You are registered as the father on the birth certificate
- You refuse to take a DNA test or a DNA test shows you are the father
- There has been a previous declaration of parentage
- Court proceedings have decided you are the father
If you deny parentage, you must communicate this to the CMS and a DNA test can be arranged.
What could happen if I don't pay my child support payments?
The CMS has various enforcement methods available to ensure child support is paid. These include:
- Deduction from earnings
- Committal to prison for up to six weeks
- Disqualification from driving
If one of you dies, what will happen to the children?
Whilst we never want to think about death, it is an important and responsible thing to consider when you have children. You need to know that they will be looked after should anything happen to you.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Guardians
In your will, you have the opportunity to name a guardian (or guardians) to look after your children if you are no longer here to do so. A trusted family friend is a popular option. Guardians are not paid to look after your children, but will usually get money from your estate to help with the additional costs of caring for children. It is usually better to name just one guardian, as problems can be caused if co-guardians separate in the future. However, if the other parent has parental responsibility, then they can challenge any such provision in the will. As in all cases, the court's main concern is the welfare of the child in question. The court will always put the child's best interests first and this main issue will determine the outcome of any application for an order.
Other parent
If the resident parent were to die, the non-resident parent has rights to the children as a parent. This does not mean that you will automatically get residency of a child you have not previously lived with. However the court will look to see if you are a suitable parent to have full custody. If you are suitable, you will get custody over any named guardian in your partner's will. If you are not suitable, custody is likely to go to the named guardian, which is why it is important to name someone in your will who you trust.
We know that some of the dads on here don't have much free money. So we are offering the guides for free.
To help us develop more guides and other products to help separated dads we would really appreciate a small PayPal donation. Our content is written by a qualified barrister. It would really help us and we would appreciate it.
We hope that we can help you in some small way with your Child Maintenance application or questions.
Need to write to the CMS?
We have produced a series of letter templates to accompany the guides relating to maintenance and support. Why not take a look at these easy to use templates.
What can I do about it ?
Because this seems one sided to me.
I am not willing to pay the ‘advised’ maintenance direct to her bank for near 50/50 custody, almost 10% of my salary this cannot be right?
Mum threatening to go through CMS, and also complaining that it is not me ‘looking after’ daughter.
Daughter gets on great with my girlfriend and mother so they help out with some school, evenings, weekend babysitting as I have work and sometimes other commitments.
Any advise from similar situation would be appreciated.
Any advice would be most welcome.
Regards,
Gill
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