Child Maintenance

Child Maintenance Service (CMS)

Most parents will be able to resolve questions about child support by reference to the Child Maintenance Service (CMS). Even if the CMS is not asked to calculate child maintenance, the formula will help most families calculate what amount is appropriate for the non-resident parent to pay.

The child maintenance calculation used by the CMS is based on the non-resident parent’s net income (income after tax and NI), the number of children in their household and the number of nights the child spends with him or her.

However, there are some situations where the CSA will not be able to assist, and where the formulas may be less helpful. These include the following:

• Some families where either of the parents or the child ordinarily live outside of the UK
• Where the non-resident parent’s net income is more than £104,000 per annum
• Where the children have special needs, and
• Where the children are beyond secondary education.

In these situations, the Court retains the ability to look at what level of regular financial support by the non-resident parent is appropriate. The Court will be guided by, but not bound by, the CSA formula. The Court also can look at the following matters under Schedule 1 Children Act 1989.

• Provision of accommodation for the child whilst in education
• Lump sums for the child’s needs during their education, such as to provide a computer, or a car
• Provision to meet school expenses, and school fees
• Provision to meet the financial needs of a child that has a disability
• Child maintenance where the CSA cannot make an assessment or Top up payments to the initial CSA award, where the father’s income exceeds certain required levels.