Child Maintenance Options

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Child Maintenance Options

Any lone parent in need of financial assistance has the right to claim child support maintenance from the absent, or non resident, parent of the child or children. The Child Maintenance Service is a government executive agency with authority to collect and distribute maintenance benefits from one parent to another. This maintenance payment is calculated according to income, and can be collected and distributed to the parent with care via a 'Collect and Pay' arrangement. However,the preferred route is for parents to make their own agreement via a 'family-based arrangement'.

The current Child Maintenance Scheme was introduced in 2012 and replaced the Child Support Agency. All CSA cases with an ongoing liability were closed by December 2018. Any new cases must now be opened with CMS. Parents can choose to re-open their closed CSA cases under the CMS scheme.

Private Agreement

Provided there is an amicable relationship in place between both parents, a family-based arrangement offers a flexible option. Without getting the courts or CMS involved the parent with care and the non-resident parent can discuss financial requirements and expectations between them. Any decision made can be drawn up in an official document if required.

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Consent Order

This option requires a court ruling to be made. A Consent Order is a mutually agreed decision regarding how much maintenance is to be paid, and the frequency of these payments. This agreement can be made privately, between the parents, or with the aid of a solicitor. This agreement is then given to the courts in order for it to be turned into a Consent Order. This form of arrangement usually takes place if parents are already going to court, either as a means of dividing assets or as part of divorce proceedings.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Other ways to organise payments

If there has been an acrimonious divorce or separation, or communication has broken down between parents, CMS will gather relevant information, calculated maintenance payable, collect payment and distribute to the parent with care.

The process requires the collation of information, regarding non resident parent's income and circumstances, from the parent making a claim for child support. This information is then assessed and maintenance payment is then either collected from the non-resident parent or directly from the parent's employer.

However, if the parent with care is unable to provide contact information for the non resident parent, the CMS will have to trace the parent. This process slows down the application for child maintenance considerably but there may be no other suitable option available to the parent with care.

If family circumstances change, it is also the resident parent's responsibility to inform the CMS of these changes, as maintenance payments received may be affected in some way.

Most separated parents agree that both parents should pay towards the upkeep of their children. However, making arrangements for children after separation isn't always straightforward. Parents can access helpful support and free advice via the Get Help Arranging Child Maintenance (GHACM) service.

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Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

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ChildSupportLaws Editor 02/04/2026 at 5:03 pm
@Beans I know this is an old comment but I wanted to reply. This sounds terribly frustrating, especially after waiting so long for the payments you were rightfully owed. The age 13 you mentioned doesn't tally up with standard child maintenance rules, as payments typically continue until a child is at least 16, or longer if they're in full time education. Cases shouldn't simply close due to a child turning 13, and existing arrears generally are due even after a case ends.

If you find yourself in this situation you might want to contact Citizens Advice or a family law solicitor who can properly review your specific situation and help you understand your options for recovering what you're owed.
Beans 29/06/2023 at 3:35 pm
My ex had a large backpayment of maintenance to pay to me due to not paying anything for many years.
He didn't pay me what the amount due, but I was under the impression that the payments would just continue until the total had been met. I have just been informed that due to the case being closed as our daughter turned 13 I can't claim any non payments now. Is that correct?
muhammad salam 27/03/2023 at 4:34 pm
if my ex wife marries and is having another child is she still entiled to CSA
Paxo 21/03/2023 at 4:57 pm
My daughter and her ex-partner could not agree how much child support should be paid by the ex-partner so they went through CMS. This is now going through although it has been delayed by 3 months, no payment has yet been received by my daughter. My daughter and ex-partner have now agreed to a 'family agreement ' of weekly payments and wish to withdraw from the CMS agency. I have searched high and low but cannot find any information to see if this is possible. How would they go about this.
Jen 11/07/2022 at 1:42 pm
Hi,

I opened a case with cms and channelled most decision, and have requested a tribunal which I have been granted this is going to be a long process. But now my ex has agreed to pay the right amount in a mutual agreement. Which I know he will as his wife will make him.
Can I just cancel my cms case, do I have to provide anything and can I cancel the tribunal?
SEBE 10/08/2021 at 5:33 am
He denied the baby when iwas pregnant then when i took her to court many people interfered now his not supporting her and I'm not working she's 6years icant even buy her clothes food like ather kids ???????? ineed help
MPJ 01/04/2021 at 10:59 am
Hello,
I have been paying for my children for 14 years now to an ex wife who cheated and decide that she wanted something different.
So my youngest is 16 years old in a few weeks, and i have asked for evidence of full time education, likewise my 18 year olds evidence of full time education.
She will not provide this, lots of tests but no evidence.
I feel i have paid for long enough and never missed a single payment, i requested this information with my two oldest children "now 21 and 19 years old", she simply wont give it to me.
I have told here that without evidence which i can have verified, i will stop the payments, am i within my rights?
Mommyof1 25/02/2021 at 8:55 pm
I have a daughter, her dad has never wanted anything to do with her. I was advised to go through CMS to ensure that my daughter was supported. This angered him and he’s been fighting it every since.
He’s not currently paying due to COVID redundancy but has out of the blue offered to support as long as I cancel the CMS claim. I’m obviously dubious.
If I cancel the claim and he doesn’t stick to his word, can I reopen the case easily to have a more formal agreement through CMS?....
Benson 02/11/2020 at 6:35 pm
I'm currently homeless
Sleeping nights at friends and also on the street. My ex has three children to me which I don't see. I'm on minimum wage and cms take around 160 a week to 250 pounds I'm left with 218 a week is this right as I cannot afford to live with the bills and fines I have cannot afford a flat never mind gas electric council tax food travel costs??? Can anyone help cos when I call I left hanging when time I don't have thanks
Candice dykes 06/07/2019 at 4:32 am
My sons dad said that because I get child support for my son he does not need to pay csa is this true
Kirs 07/10/2018 at 4:53 pm
I have 2 kids with my ex, the eldest no longer speaks to him but the youngest, who is 20 is disabled. He finished college & the ex has now decided he no longer has to pay. Our child is autistic with severe anxiety & sensory issues & completely dependant on me. He would not be able to survive independently as he has to be prompted for everything, washing, dressing appropriately, brushing his teeth etc His dad isn't interested. He barely sees him & doesn't understand his condition. I've given him the option of continuing to pay until our son can find employment that suits him or have him 168 hours a fortnight or I'll seek legal advice. He seems to think I'm making up the fact that he needs to keep supporting his son financially & the burden shouldnt fall on me entirely. He has paid under what he has supposed by about £150 a month for years when it was both of them & despite being entitled to £60 a week he was only stumping up £35 a week the last 4 years. I didnt realise while at college my child was eligible to claim esa so never claimed it so am only just about to do a claim which I believe would reduce payments from his dad. I'm not trying to fleece his dad I just don't see why the entire financial & emotional burden should be on me just because he's turned 20 & employment options are limited.
ChildSupportLaws Editor 12/03/2018 at 2:44 pm
Every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what the child chooses to do. If they continue in full-time non-advanced education not higher than A-level equivalent, for at least 12 hours a week, then maintenance payments will continue until the child finishes or until they turn 20. As child maintenance stops when child benefit eligibility does, you can see more via which
Mummyhippo 10/03/2018 at 8:30 am
Hello,

What is the age the CSA will not claim child maintenance? If it’s 19, will the child maintenance claim, stop on the child’s 19th birthday or at the end of the child’s 19th year?
ChildSupportLaws Editor 19/02/2018 at 3:06 pm
I can only point to how child maintenance is worked out, which will tell you all you need to know.
Kitty 17/02/2018 at 8:58 pm
So my partner is letting is daughter go and live with her mum who has never paid for her, he will now ofcourse have to pay for his daughter we have worked it out at about 150-200 a month but we can't afford it. We also have two children of our own that live with us and another on the way. Will the payments bee reduced as he's the main provider I have no income myself and worried that we won't be able to afford to live in my home if he has to pay that and support me and our 2/3 children aswell
Buckles 07/10/2017 at 2:46 pm
I have paid maintenance payts at £200 pert month since 2006. Our son is now 16. I am not registered with the CSA.
I retired 5 years ago on reduced income and have maintained th £200 per month. Two years ago our son starts at a special residential school for children with learning difficulties.
My ex claims carers allowance and recovers travel expenses alternate weekends when our son goes home.
How does this impact on two issues, first my reduced income in retirement since 2012 and second, my sons attendance at boarding school where the State pays for everything ie food, tuition, accommodation.
Should I be eligible to pay less maintenance on account of the facts I have just listed?
ChildSupportLaws Editor 17/07/2017 at 12:06 pm
Your partner's child is not your financial responsibility. You would not have to pay child maintenance.
helpneeded 15/07/2017 at 2:08 pm
I have been with my partner for a few years and married for 3, he has a girl fro his first marriage and receives child maintenance from his ex-wife, if we separate would I need to contribute?
ChildSupportLaws Editor 01/11/2016 at 10:16 am
He can't force you to repay the surplus amount if you have always been paid via a family-based arrangement and not through the CMS/CSA.
Babyboo 31/10/2016 at 2:52 am
Hi, my ex husband and we have always been amicable, but recently things have taken an unsavoury turn. He's always paid me child maintenance of £200 per month verbally agreed by ourselves, today I have received a text from him stating "My child maintenance payments have been reassessed, I have been overpaying you for over a year now so as of the end of November your payments will change to £182.27. We will talk about the repayments of the overpayment at mediation"

Can he ask for repayments? There is nothing in place, or on paper to suggest what he pays, it's always been a verbal arrangement. Plz help. X
Godaddygo 22/01/2016 at 5:36 pm
Thanks at moment it's in her name and we are in the process of swapping names on Child benefit all she's saying is i can claim tax credits and don't need any money from her to support are child at moment he lives with me full time and if she can she will have him for a night or 2 and that she we support him when she has him witch sounds crazy in my eyes
ChildSupportLaws Editor 22/01/2016 at 12:14 pm
You can see whether you are eligible to claim through the CMS calculator, here. Also if you are the primary carer then you should be able to apply child benefit. Please see Turn2Us link hereto see if you are entitled to other benefits.
Godaddygo 21/01/2016 at 7:06 pm
Can any1 help plz my wife left and at moment she's having my son when she can she's saying when she's sorted we will share are son 50/50 I can't work due to illness and with me been at home she's has done well climbing the ladder at work do I have any rights to claim any money off her to support are son
ChildSupportLaws Editor 05/10/2015 at 2:55 pm
Jamaica is a member country of Reciprocal Enforcement of Maintenance Orders (REMO). which gives you the contact details in order to apply.
shana 05/10/2015 at 7:10 am
I have a 3 month old baby I live in Jamaica with the baby. The father of the child live in england.How do I get support for the child
ChildSupportLaws Editor 25/09/2015 at 10:43 am
If it is a family-based agreement then it can either be officially drawn up between yourselves, drawn up though mediation, through a solicitor or via the CMS. Only an order made though court is official - anything less can be changed at any time, dependent upon the circumstances. However, the courts will always suggest you try and resolve the issue through mediation first before taking it to court. If your daughter has a debilitating injury, then perhaps it may be better to have the arrangement made through mediation or the courts to procure her long term care. However, if she hasn't and you are posing a hypothetical question, then it would probably be better to leave this until such an eventuality (which hopefully wont), occured. Please see our partner Separated Dads site link, Mediation - What is is and is it for Me? here, to see if mediation may suit you best. I hope this helps.
Annsim 24/09/2015 at 6:45 am
We have an agreement for my 2 year old girl to pay so much per month. 1st Question: should I have an agreement drawn up by court ? 2nd Question: as the child age increases, can I justify an increase in payment to secure educational and special needs; ie result of debilitating injury, or disease. Agreement procures two nights per week and alternate weekends.
ChildSupportLaws Editor 30/03/2015 at 3:00 pm
@gaffers - it is rare and has to be for a good reason for the courts to allow a father to relinquish their parental responsibility, and especially not in order to escape paying child support - you can imagine the amount of men that would try and wriggle out of doing this. Have you thought of trying the other route and taking it to court to apply for access to try and get to know your children? You can self-litigate if you do not wish to pay the high court fees, I hope this helps.
gaffers 28/03/2015 at 8:59 am
I have two children, 6 and 4. I was fortunate enough to spend a year with the 6 and only 1 week with the 4 year old before the relationship broke right down... No contact at all since 2011, by phone, letter anything.. Nothing, the mother remarried, and raises my 2 kids that she dosnt let me see. There is no court order or nothing against me, just her arrogance.. I have to pay a large amount of csa, for children iv hardly ever met or have contact with.... If I signed over full parent responsibility to her would I still have to pay csa???
Mick Editor 06/01/2015 at 3:04 pm
@cuddles - you can appeal against that through its Complaints Resolution Team who will look into it. It's shocking how they can just take money from your account, especially when you've told them and then for them to tell you you can't have it back.
Cuddles 05/01/2015 at 2:32 pm
i have been unemployed since Dec. and informed the CSA of this . I have now checked my bank account and the full and amount od child support has been deducted. CSA tel me they can not refund even though I now have nothing in the account. Is this right
Bella Editor 06/01/2015 at 3:00 pm
@inapickle - you'd really have to sort it out with them. Usually you can't have a retrospective payment. But if CSA weren't notified of the change in circumstances (i.e. your child coming to live with you), then she might be able to you, and you would have to prove that your child lived with you and that it was agreed between you.
inapickle 04/01/2015 at 2:52 pm
Advice needed...
I left my wife with both children and an agreement was made with the CSA regarding payments. This was paid by direct debit. One of my children then decided to live with me and me and my wife decided we would pay for the child in our care so no money was exchanged. This worked for 8 months until she decided she wanted money again so we both put a claim into the CSA to see how much needed to be paid. She has now decided she wants back payment for the 8 months that no payment was made, which we both agreed. Can she do this?
Thanks.
Pierre 22/09/2014 at 9:59 pm
After csa takes out what is needed out my check how much does the mother gets after? Do she get the full amount that they take out or do she gets half

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