Child Maintenance UK 2026 - How Much Should You Pay or Receive?

When parents separate, working out how a child should be financially supported is one of the most important and often most contentious issues to resolve. Child maintenance is the regular, reliable payment made by the parent a child does not live with most of the time, towards the child's everyday living costs. This 2026 guide from the family law team at MCR Solicitors explains how child maintenance works in England and Wales, how the Child Maintenance Service calculates payments, and what to do if payments are not being made.

Because some figures change each year, we set out the principles clearly and tell you where to confirm the current rates. For a calculation tailored to your circumstances, call our Manchester office on 0161 466 1280.

What is child maintenance?

Child maintenance is financial support towards a child's everyday living costs when their parents have separated or never lived together. It is paid by the paying parent (the parent who does not have the main day-to-day care) to the receiving parent (the parent or person with main care, sometimes a grandparent or guardian).

Both parents remain legally responsible for the financial support of their children, whether or not they were married and whether or not the paying parent has contact with the child. Child maintenance is separate from any arrangements about who the child lives with or spends time with, and separate from a division of property or spousal maintenance following divorce.

In most cases child maintenance covers day-to-day costs such as food, clothing and a share of housing and household bills. It is not usually intended to cover extras such as private school fees or costs relating to a child's disability, which may be dealt with separately through the courts.

Your three options for arranging child maintenance

There is no single way to arrange child maintenance. In broad terms there are three routes, and many families move between them over time.

1. A private, family-based arrangement

This is an agreement made directly between the parents without involving the government. You decide between yourselves how much is paid, how often, and how. A family-based arrangement is flexible, free, and keeps the decision in your hands, but it is not legally binding and cannot be enforced through the Child Maintenance Service if payments stop. It works best where communication is reasonable and both parents are cooperative. The government's Child Maintenance Options service provides free, impartial information to help parents reach this kind of agreement.

2. The Child Maintenance Service (CMS)

Where parents cannot agree, or a private arrangement breaks down, either parent can apply to the statutory Child Maintenance Service. The CMS replaced the old Child Support Agency and now handles all new statutory cases. It works out how much should be paid using a set legal formula, and it can collect and enforce payments. There is normally an application fee (with exemptions, for example for victims of domestic abuse and applicants under 19), so check gov.uk for the current fee and exemptions before you apply.

3. A court order (in limited circumstances)

The family court's power to make child maintenance orders is limited, because the CMS has primary responsibility for calculating routine maintenance. However, a court can still be involved in certain situations, including where both parents agree the figure and want it recorded in a consent order, where the paying parent's income is above the CMS cap and a "top-up" is sought, where school fees or costs relating to a disabled child are in issue, or where the paying parent lives abroad. We explain these below.

How the Child Maintenance Service calculates payments

The CMS uses a formula set out in law. It is based mainly on the paying parent's gross weekly income (income before tax and National Insurance but after pension contributions), the number of children being supported, and how many nights the child stays overnight with the paying parent. The CMS usually takes gross income figures directly from HM Revenue & Customs for the latest available tax year.

The five rates

The CMS applies one of five rates depending on the paying parent's gross weekly income:

• Nil rate - applies to certain groups such as full-time students, prisoners, children under 16, and those with very low income (below a set weekly threshold). No maintenance is payable.
• Flat rate - a fixed weekly amount that applies where the paying parent's income is below a lower threshold, or where they receive certain benefits. Check gov.uk for the current flat-rate figure.
• Reduced rate - applies to income falling between the flat-rate threshold and a higher weekly figure; a formula gradually increases the amount payable.
• Basic rate - the most common rate, applied to income above the reduced-rate band up to the weekly cap.
• Basic plus rate - a higher percentage applied to the portion of income above a set weekly figure, up to the overall cap.

The basic-rate percentages

Under the basic rate, the CMS takes a percentage of the paying parent's gross weekly income based on the number of children they are paying for. On gross weekly income up to a set threshold, the percentages are broadly:

• One child - 12%
• Two children - 16%
• Three or more children - 19%

On the portion of gross weekly income above that threshold (up to the overall weekly cap), lower percentages apply - broadly 9% for one child, 12% for two children and 15% for three or more. These percentages are set in legislation and have been stable, but the income thresholds and the cap are the figures most likely to be updated, so confirm the current amounts on gov.uk.

The income cap and court "top-up" orders

The CMS only calculates maintenance on gross income up to a weekly maximum (equivalent to a substantial annual figure - check gov.uk for the current cap). Where the paying parent earns more than this, the receiving parent can apply to the family court for a top-up order covering income above the CMS ceiling. This is a specialist area and legal advice is strongly recommended.

Reductions for other children and shared care

The calculation is reduced to reflect other children the paying parent is responsible for (for example children living in their household), and it is reduced further based on the number of nights the child stays overnight with the paying parent each year. The overnight bands work in tiers - the more nights of care the paying parent provides, the greater the reduction, and where care is shared roughly equally the amount can reduce significantly or to nil. The CMS will ask about the number of overnight stays when it makes its calculation.

Direct Pay and Collect & Pay: how money changes hands

If you use the CMS, there are two ways payments can be made:

• Direct Pay - the CMS works out the amount, but the parents arrange payment between themselves (usually by standing order). There is no ongoing collection fee for this service.
• Collect & Pay - the CMS collects the payment from the paying parent and passes it to the receiving parent. This is used where there is a history of missed payments or where parents cannot deal with each other directly. Collect & Pay carries fees: the paying parent pays a percentage on top of the maintenance and the receiving parent has a percentage deducted from what they receive. Check gov.uk for the current Collect & Pay fee percentages.

The government has consulted on reforms to how child maintenance is collected. If you are affected, check gov.uk or speak to us for the latest position.

How long does child maintenance last?

Child maintenance is normally payable until the child reaches 16, or until 20 if they remain in approved full-time, non-advanced education (such as A-levels or an equivalent course) or approved training. It usually stops earlier if the child marries, forms a civil partnership, or leaves education for full-time work. It does not automatically continue to cover university costs, which are dealt with separately.

What if payments are not made?

If you have a family-based arrangement and payments stop, you cannot enforce it directly and would normally need to apply to the CMS to put a statutory calculation in place. Where the CMS is already involved and the paying parent falls into arrears, the service has significant enforcement powers, including:

• Deduction from earnings order - taking maintenance directly from the paying parent's wages through their employer.
• Deduction orders - taking money directly from the paying parent's bank or building society account, either as a lump sum or on a regular basis.
• Liability order - a court order confirming the debt, which then opens the door to further action.
• Enforcement agents (bailiffs), charging orders against property, and in the most serious cases, commitment to prison or disqualification from driving.

The CMS can also charge collection and enforcement fees. If you are owed arrears, act promptly - delay can make recovery harder.

Special situations where the court may be involved

School fees and children with disabilities

The CMS formula does not cover private school fees or the additional costs of caring for a disabled child. In these cases the family court can make separate orders under the Children Act 1989 to provide for those specific expenses, in addition to any CMS calculation for routine maintenance.

When the paying parent lives abroad

The CMS generally cannot act where the paying parent lives outside the United Kingdom. Depending on the country, it may be possible to pursue maintenance through the courts using international reciprocal enforcement arrangements. This is complex and specialist advice is essential.

Unmarried parents and wider financial support

Whether or not parents were married has no bearing on the duty to pay child maintenance. Separately, under Schedule 1 of the Children Act 1989, the court can in some cases order lump sums, property provision or the transfer of a home for the benefit of a child - for example where an unmarried parent needs suitable housing for the children. This is distinct from routine maintenance and we can advise whether it applies to you.

Practical tips for parents

• Keep clear records of what has been agreed and every payment made or received.
• Try to agree a family-based arrangement first if it is safe and practical to do so - it is quicker, free and more flexible.
• Review the amount if circumstances change significantly, such as a change in income, the number of overnight stays, or a new child.
• Do not withhold contact because maintenance is unpaid, or withhold maintenance because contact is being refused - the two issues are legally separate.
• Where there has been domestic abuse, tell the CMS - special arrangements and fee exemptions may apply, and you should never feel pressured into direct contact.

Frequently asked questions

How much child maintenance should I pay for one child in 2026?

Under the CMS basic rate, one child is generally calculated at 12% of the paying parent's gross weekly income up to a set threshold, with a lower percentage on income above it. The final figure is then reduced to reflect shared care and any other children. Lower flat and reduced rates apply to lower incomes. Use the calculator on gov.uk or call us for a tailored estimate.

Does child maintenance reduce if the child stays with me overnight?

Yes. The CMS reduces the amount payable based on the number of nights the child stays with the paying parent each year, in tiered bands. The more overnight care you provide, the larger the reduction, and where care is shared broadly equally the amount can fall substantially or to nil.

Do I still have to pay child maintenance if I do not see my child?

Yes. The legal duty to support your child financially exists regardless of whether you have contact. Child maintenance and contact are treated as entirely separate matters in law.

Can child maintenance cover university or private school fees?

Standard CMS maintenance does not automatically extend to university costs or private school fees. School fees and costs for a disabled child can be dealt with by separate court orders, and maintenance generally continues only to age 20 while the child is in approved non-advanced education.

What can I do if the other parent refuses to pay?

If you have a private arrangement, you will usually need to apply to the CMS to obtain an enforceable calculation. Once the CMS is involved it can use enforcement powers such as deduction from earnings, deduction from bank accounts, liability orders and, in serious cases, driving disqualification or imprisonment.

Is there a fee to use the Child Maintenance Service?

There is normally an application fee, with exemptions for certain applicants such as victims of domestic abuse and those under 19. If you use the Collect & Pay service, ongoing fees also apply to both parents. Check gov.uk for the current application fee and Collect & Pay percentages.

Speak to MCR Solicitors about child maintenance

Child maintenance can be straightforward, but disputes over income, shared care, arrears, high earners and school fees often need expert guidance. Our experienced family law team in Manchester can explain your options, help you reach a fair arrangement, deal with the CMS or the court, and take action to recover unpaid maintenance.

For clear, practical advice tailored to your family, call MCR Solicitors today on 0161 466 1280. This guide is general information about the law in England and Wales and is not a substitute for advice on your specific circumstances.