How Child Maintenance is Calculated in the UK
Child maintenance helps ensure that children receive financial support from both parents after separation. The Child Maintenance Service (CMS) uses a specific formula to calculate payments.
The Basic Calculation
CMS calculates child maintenance based on the paying parent's gross weekly income:
| Gross Weekly Income | Rate |
|---|---|
| Below £7 | Nil rate (£0) |
| £7 to £100 | Flat rate (£7 per week) |
| £100 to £199 | Reduced rate (special calculation) |
| £200 to £800 | Basic rate |
| £800 to £3,000 | Basic Plus rate |
| Over £3,000 | Basic Plus + court can order more |
Basic Rate Percentages
For the Basic Rate (income £200-£800 per week):
- 1 child: 12% of gross income
- 2 children: 16% of gross income
- 3+ children: 19% of gross income
Basic Plus Rate
For income £800-£3,000 per week:
- 1 child: 12% on first £800 + 9% on remainder
- 2 children: 16% on first £800 + 12% on remainder
- 3+ children: 19% on first £800 + 15% on remainder
Reductions Applied
The amount can be reduced for:
Shared Care
If the paying parent has the child overnight:
- 52-103 nights per year: 1/7 reduction
- 104-155 nights per year: 2/7 reduction
- 156-174 nights per year: 3/7 reduction
- 175+ nights per year: 1/2 reduction plus £7 per week
Other Children in the Household
If the paying parent has other children in their household, deductions are made before calculating the rate.
Example Calculation
Let's say a paying parent earns £40,000 per year (£769 per week gross) with 2 children and no overnight stays:
- Income: £769 per week
- Rate: Basic rate at 16%
- Calculation: £769 × 16% = £123.04 per week
- Monthly equivalent: approximately £533 per month
What Income is Included?
CMS uses HMRC data to determine income. This includes:
- Employment income (PAYE)
- Self-employment profits
- Pension income
- Some benefits and allowances
What If Income is Hidden?
If you believe the other parent is hiding income:
- Request a 'variation' from CMS
- Provide evidence of lifestyle inconsistent with declared income
- CMS can investigate assets and lifestyle
Private Agreements
You can make a 'family-based arrangement' instead of using CMS:
- No fees involved
- More flexible
- Requires cooperation
- Not legally enforceable unless made into a court order
CMS Fees
- Application fee: £20
- Collect and Pay service: 20% added to paying parent's amount, 4% deducted from receiving parent
Get Advice
If you need help understanding child maintenance or want to dispute a calculation, contact MCR Solicitors on 0161 466 1280.
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