Child Maintenance - What is it and How is it Assessed?

If you are separated from your spouse or partner and do not live in the same property as your child, you will need to pay child maintenance. 

Child maintenance is a payment which covers your child’s day-to-day living costs. 

Child maintenance is assessed having regard to the paying parent’s gross income.  There are a number of factors which can reduce the amount to be paid, including overnight stays, other children living in your home or certain expenses which you still cover (e.g. mortgage payments for the home in which your child lives). 

If you have additional sources of income (e.g. rental income, dividends), these may also be taken into account for the purposes of the assessment. 

Child maintenance is payable until your child is 16 years old if they leave full-time education or up to 20 years old provided they remain in approved education or training. 

You can agree an amount of child maintenance with your ex or you make an application to the Child Maintenance Service (CMS).

If you decide to make arrangements between yourselves, it is sensible to use the CMS calculator which will help you to agree the correct amount to be paid. 

If you earn more than £156,000 per year (gross), your ex may apply to the court for extra support or ‘top up’ payments.  These types of applications are made pursuant to Schedule 1 Children Act 1989 and can provide for additional sums of money or involve the transfer of property for the benefit of your child. 

It is important to note that child maintenance and arrangements for your child are two separate issues.  If you do not live with your child, you will need to pay child maintenance even if you do not have any contact with your child.