Child Maintenance Solicitors
A Guide to Child Maintenance
Our specialist child maintenance solicitors can help you through a difficult separation where you will need to consider how much the other parent should contribute to the care and upbringing of your child.
“The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”
“Osbornes is a power house of a family firm. They are robust but realistic and client focused.”
If you are a parent going through a separation, then you will need to consider the arrangements for your child such as who they will live with and how much time they will spend with the other parent. You may decide to share the care or the child may live with one parent and spend time with the other. In that later scenario you will need to consider how much the other parent should contribute to their care and upbringing. On this page, we explain the rules about child maintenance and how solicitors can help you get the best possible outcome for your children.
Table of Contents
What is child maintenance?
Child maintenance is a regular payment made by one parent to cover the child/ren’s everyday living costs.. This can includes things like food, clothes and housing. It can also cover expenses like childcare and extra-curricular activities.
Who is entitled to child maintenance?
Child maintenance is paid by the parent who does not have responsibility for the day-to-day care of the child (also referred to as the non-resident parent) to the parent who does. In situations where the child is looked after by someone other than their parents, the child maintenance can be paid to a grandparent, relative or guardian. Child maintenance is not payable if there is an equal, shared care arrangement between the parents.
How much child maintenance should be paid?
There is no set amount of child maintenance that must be paid. It depends on how much money the paying parent earns as well as how many children they have, whether they are paying maintenance for other children, and the amount of time the child spends with them.
The Child Maintenance Service (CMS) uses a statutory formula to calculate child maintenance payments based on the non-resident parent’s gross weekly income. There are allowances and set rates if the non-resident parent earns under £200 gross per week.
Where a parent earns over £200 per week gross, the calculation is as follows:
- 12% of gross weekly income for one child
- 16% of gross weekly income for two children
- 19% of gross weekly income for three or more children
However, if the non-resident parent earns over £41,600 gross per year, then the first £800 in weekly gross income is calculated as above and the remainder is calculated as follows:
- 9% of gross weekly income for one child
- 12% of gross weekly income for two children
- 15% of gross weekly income for three or more children
Then the two are added together. You can use the calculator on the government’s website to get an estimate of how much child maintenance should be paid under the standard formula.
However, it’s important to understand that the CMS formula is only the starting point. Parents are free to make their own arrangements which do not have to follow the formula. This is known as a family-based arrangement.
How long is child maintenance paid for?
Child maintenance is usually paid until the child reaches the age of 16, or up to 20 if they are still in full-time education. It may be paid for longer if the child has a disability.
Other factors can also impact if a child maintenance payment should stop or the amount should change. For example, it’s possible to adjust the payments if the receiving parent stops being the primary carer or if there is a change in the financial circumstances of the paying parent.
How do I make a family-based arrangement?
A family-based arrangement is a private agreement between the parents that sets out how much child maintenance will be paid and when it will be paid. As it is a private arrangement between the parents you don’t need to involve Solicitors or the CMS, however you can agree to record your intention in a Separation Agreement if you wish which can be drafted by a Solicitor.
The advantage of making a family-based arrangement is that it can be tailored to the specific needs of the family. For example, it can take into account the income of both parents and any other financial commitments they have. You can also agree to pay in excess of the child maintenance calculation.
It can also be flexible about when payments are made and to whom they are paid. While child maintenance is normally paid to the primary caregiver, you may decide to make the payments directly to an older child who is in full-time education, for example.
- Looking for more insights? Check out our latest post for expert advice on A Guide to Co-Parenting
Is a family-based arrangement legally binding?
No, a family-based arrangement is a private arrangement that does not involve the courts or the CMS.
What if we cannot agree on the amount of child maintenance?
Mediation can help parents try to agree a fair level of child maintenance. This is where an impartial third party will try to assist you and the other parent in reaching an agreement. At Osbornes we have a number of specially trained mediators who can assist.
If mediation is unsuccessful, then you can ask the Child Maintenance Service to assist. CMS can work out a legally enforceable amount of child maintenance using the statutory formula. They can also support you by collecting the payments from the paying parent and passing them onto the parent with care, although there is a fee for this.
Can you apply to the court for child maintenance?
In most instances, it is not possible to apply to the court for child maintenance. Instead, child maintenance should be agreed through a private arrangement or through the Child Maintenance Service. However, if you are getting divorced and have reached an agreement regarding the amount of child maintenance you can record this in your Financial Consent Order. However, please be aware that the Court only has jurisdiction to enforce child maintenance for 12 months, after that date the CMS has jurisdiction and you will not be able to enforce the child maintenance through the Court. You will have to make an application to the CMS.
You can apply to the court for a ‘top-up order’ if the paying parent is a high earner (over £156,000 gross per year) or if the child has additional needs due to a disability, among other things. This means you will receive additional payments on top of the payments calculated by the CMS. However, the CMS will need to have made an assessment first.
A family lawyer can advise you on whether a court application is the best option for your family and can help you apply for one.
What if the paying parent doesn’t pay?
If the paying parent does not make the agreed payments, then you may contact the CMS. The CMS has various powers to administer child maintenance payments, including the power to ‘Collect and Pay’ where the CMS collects the monthly payments from the paying parent and passes them to the receiving parent. The CMS also has the power to collect a lump sum for any back payments that are owed (only when a CMS application has been made).
Can I appeal or challenge the CMS’ decision?
If you do not believe the calculation is correct you can appeal but first, you must ask for mandatory reconsideration which is where the CMS reconsider the calculation. If you still wish to challenge it, you can apply to the Social Security and Child Support Tribunal within one month. You can apply out of time but you will need to give your reasons for doing so.
What happens to child maintenance if one parent moves abroad?
As the receiving parent, you can receive child maintenance payment if you relocate to another country and the paying parent lives in the UK. You will need to check if the country you are moving to can enforce child maintenance decisions made in the UK. These countries are known as Reciprocal Enforcement of Maintenance Orders (REMO) countries.
If the paying parent moves to a REMO country you can apply to the foreign court via the Maintenance Enforcement Business Centre (MEBC). The foreign court will then decide whether child maintenance should be awarded and they can enforce payment. If the paying parent does not live in a REMO country, speak to our international divorce solicitors about enforcing child maintenance payments.
You might be able to make a new child maintenance claim instead of enforcing an existing one if the paying parent is employed by a British organisation, such as:
- The NHS
- The Civil Service
- His Majesty’s Diplomatic Service
- The Armed Forces
- A Local Authority
- A company based and registered in the UK
How we can help
The family team at Osbornes are expert in child maintenance cases. We can advise you on the best course of action for your family and help you to reach a fair and legally binding agreement. To learn more, please get in touch and we will be happy to help with anything you need.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Find out more about our other children law services:
Speak to a Child Maintenance Solicitor
Call us 0207 485 8811
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Maria takes a child-focused approach to cases. She is good at grasping how a child might feel in a situation and this makes her stand out as excellent in her field.
Jonathan is thorough, intelligent, hard-working and committed. He knows the law very well and is committed to the rights of children.
Bridget has a phenomenal reputation, is a very good lawyer and one of the stars in children work.
Osbornes offers a high level of client care and manages client expectations realistically.
They have a strong team, are heavyweights in this space and are very well respected in the courts.
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I have found the team at Osbornes works very well together to diligently produce a quality end result. Client service has been excellent and I feel like I am in safe hands.
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Bridget Thompson handles child inclusive mediations.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Simone McGrath has an incredible knowledge of international cases. She has been involved in many leading cases and is a go-to lawyer in the field.
The family law team at Osbornes is one of the strongest in London.
Maria Kitsiou heads up the domestic children offering.
Lauren Hall leads the international children team.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
"Mark has a strong no-nonsense approach with a dose of realism and commercial acumen that clients respond to."
"Mark is very good at taking a firm line and sticking to it. He doesn't pick unnecessary fights. He is very commercial and good on money cases, and extremely good value in the London market."
"Mark leads the team superbly. He is very able, thinks laterally, fights his client's corner, and invariably succeeds in getting a good result via negotiation or litigation."
The team is experienced in handling matters where there are allegations of abuse and non-accidental injury, as well as situations where children's welfare is at risk due to parents' substance misuse or mental health issues.
The lawyers at Osbornes are very well established and have a lot of experience between them, which gives them a lot of confidence and a willingness to think out of the box.
Their client care is really impressive and they have such breadth of experience
In a long standing issue with my ex and our child, Lisa and her team have always given me advice that has been first class. Lisa has a deep knowledge of how the courts work and which arguments will work and which will not and will advice exactly what to do and when.
My solicitor Jon Jonas came across as a genuine, very skilled solicitor who demonstrated great insights and experience in complex child arrangement cases. He has been able to create and implement an effective strategy to deal with extremely toxic matters.
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Osbornes has one of the strongest family law teams in the business with a very wide range of experience and seniority
Osbornes has incredible strength in depth across every area of family law, from public law children and child abduction proceedings, through to adoption and surrogacy, and private client work.
Areas of expertise for the group span from unravelling complicated trusts and handling pre-acquired wealth, to Children Act proceedings and advising on the financial provision for children
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Bridget Thompson is a public law specialist noted for her extensive children public law practice.
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"A family team that is able to offer the highest level of expertise across the family law spectrum from high-net-worth finances through to care proceedings and children matters."
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
Osbornes have been a sound firm forever. They have phenomenal work and an excellent skill set.
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Mark is an immensely capable lawyer, with vast experience and a well-deserved reputation for getting the very best for his clients.
Lisa Pepper is extremely hard-working and adored by her clients. She is a very empathetic and approachable lawyer.
She’s an extremely supportive and kind lawyer and has an increasing mediation profile too
Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
"It has a strong and experienced team of solicitors who don’t take bad points, work sensibly to get a settlement and who you can always pick up the phone and speak to. They are good lawyers and know the strengths and weaknesses of their clients’ cases. They don’t posture and always pursue their clients cases appropriately. "
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
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"Bridget Thompson combines her excellent legal knowledge with a clear, succinct and robust style of advice and advocacy. Her approach clearly inspires a high degree of client confidence in her"
"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
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"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
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Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
Bridget Thompson is a public law specialist noted for her extensive practice in matters involving alternative families and adoption. An interviewee observes: "She's a fighter, she's clever, and she understands all aspects of a case."
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from the dissolution of civil partnerships.
"An exceptional outfit. They take on difficult cases, fight hard and win."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."
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"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
"Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
"He never gives up. He fights for you to the end and has boundless energy."
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Bridget Thompson heads the family team, where client care is the top priority.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
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[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
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Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
This team is perhaps best known for its children work, often involving complex international dynamics.
Naomi Angell leads the market in cross-border children law matters. Sources confirm that she is "at the cutting edge of changing law and policy" when it comes to international adoption
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