The Child Maintenance Service (CMS) is the organisation that assists separated parents to reach and, if necessary, collect and enforce agreements regarding child maintenance. The child maintenance payments are regular contributions made by the parent with whom a child spends less time (the “paying parent”) to a parent with whom the child spends more time with (the “receiving parent”). The contributions can be put towards the everyday living expenses for the children involved.

A child maintenance arrangement under the CMS can be made for any child under the age of 16 years old. This can increase to a child under the age of 20 years old provided that they stay in approved full-time education or training up to A-level standard. Approved full-time education generally includes A-levels, NVQ Level 3 or similar qualifications. It does not include advanced courses like higher education or apprenticeships.

The aim is to recognise the fact that both of the parents are responsible for their children despite who spends more time with them.

An amount can be agreed between both of the parents privately or through the CMS which has a child maintenance calculator. This calculator generates a figure in consideration of the following information:

• how many children are involved;
• income of the paying parent;
• whether the paying parent is receiving any benefits;
• the amount of nights that a child spends with the paying parent in a week/year; and
• if any other children live with the paying parent.

It must be noted that the CMS will (except in very limited circumstances such as when the paying parent works for certain British organisations) only have jurisdiction to assist where both the parents and the child(ren) are habitually resident in England and Wales.

Please note that there is a cap on the maintenance which can be awarded through the CMS. This means that if the paying parent is earning more than £156,000 gross annually then a maximum assessment will be reached and the resident parent may be entitled to top-up maintenance. This can pursued separately either by agreement or with the assistance of the court.

WHAT HAPPENS IF ONE PARTY LIES ABOUT THEIR INCOME TO THE CHILD MAINTENANCE SERVICE?

A parent can report the other parent to the CMS if they think that the other parent has provided incorrect information about their income or circumstances for example: –

Paying parent

If it is believed that the paying parent is not:

• declaring all of their income (whether that is income in the UK or related to any foreign income or property);
• is hiding part of their income (for example, dispersing it by giving money to family members); 
• it is apparent that they are not paying enough from their earnings, or
• is falsely claiming to have financial responsibility for another child,

then a report can be made to the CMS to look into this.

Receiving parent

On the other hand, if it is thought that the parent receiving the child maintenance is:

• claiming the child maintenance for a child that does not qualify for this; or
• for a child that no longer lives with them,

then a report can also be made to the CMS to investigate this.

A report can be made on the CMS website here. The CMS must be provided with details of the applicant parent’s name, national insurance number or child maintenance reference number, the name of the other parent and details of the situation. The report cannot be made anonymously but a request can be made to the CMS to keep the applicant parent’s details private from the other parent, such as their location and personal information.

After a report has been made, the CMS will investigate the matter and if it found that the other parent has committed fraud or provided the wrong information then the CMS will backdate the payments and the child maintenance figure will be recalculated. The paying parent will need to pay the amount they have missed as well.

CAN A PARENT STOP THE OTHER PARENT FROM SEEING THE CHILD(REN) IS THEY ARE FOUND TO BE LYING TO THE CHILD MAINTENANCE SERVICE?

It is not beneficial for one parent to take this action against the other parent who is not being honest about their income or providing adequate disclosure. The court considers that matters of child arrangements are separate to child maintenance, and the court generally does not have involvement with child maintenance matters unless there are issues with jurisdiction or the paying parent is a higher earner over the £156,000 annual income threshold.

If the children are stopped from seeing the other parent then it is possible they may make an application to the court for a child arrangements order but this is separate and distinct from any disputes regarding the level of child maintenance payable. Please see my colleague, Katie’s blog for more information on child arrangement orders: What is a Child Arrangement Order? A 2025 Guide – Rayden Solicitors

At Rayden Solicitors, we have family law experts who can provide you with further information on the matters of child maintenance and child arrangement orders. If you would like to speak to us, please get in touch.