If you are separating from your child’s other parent, one of the most important practical questions is: who pays for the children, and how much? Child maintenance is the regular financial contribution made by the parent who does not have the main day-to-day care of the child. Understanding how it works in 2026 can help you plan ahead and ensure your children are properly supported.
At Adel Jibs & Co Solicitors, we advise parents across Enfield and North London on all aspects of child maintenance — from private agreements to court enforcement.
The Three Routes to Child Maintenance
There are three main ways child maintenance can be arranged:
1. Private (Family-Based) Agreements
The simplest and most cost-effective option is for both parents to agree between themselves how much maintenance will be paid, how often, and by what method. This is known as a family-based arrangement.
Benefits of a private agreement include:
- No fees or charges
- Complete flexibility — you can agree whatever works for your family
- Can be adjusted informally as circumstances change
- The Child Maintenance Service provides a free online calculator to give you a starting point
However, private agreements are not legally enforceable unless they are incorporated into a consent order approved by the court. If the paying parent stops paying, you may need to turn to the CMS or the court for enforcement.
2. The Child Maintenance Service (CMS)
If parents cannot agree between themselves, either parent can apply to the Child Maintenance Service (CMS) to calculate and, if necessary, collect and enforce maintenance payments.
How the CMS Calculates Maintenance
The CMS uses a formula based on the paying parent’s gross weekly income (usually taken from HMRC tax data). The basic rates for 2026 are:
- One child: 12% of gross weekly income
- Two children: 16% of gross weekly income
- Three or more children: 19% of gross weekly income
These percentages are reduced if the paying parent has the children to stay overnight. The calculation also takes into account:
- Income above £800 per week (where a reduced rate applies to the higher portion)
- Other children living in the paying parent’s household
- Shared care arrangements (overnight stays)
There is a minimum rate of £7 per week for paying parents with income between £100 and £200 per week, and a nil rate for those on very low incomes or certain benefits.
CMS Collection Methods
The CMS offers two service types:
- Direct Pay: The CMS calculates the amount, but the paying parent pays the receiving parent directly. There is a one-off application fee of £20 (waived for victims of domestic abuse).
- Collect & Pay: The CMS collects the payment from the paying parent and passes it to the receiving parent. This service carries fees — currently 20% on top for the paying parent and 4% deducted from the receiving parent’s payments. These fees are designed to encourage parents to use Direct Pay or reach private agreements.
CMS Enforcement Powers
If the paying parent does not comply, the CMS has significant enforcement powers, including:
- Deducting payments directly from earnings (a Deduction from Earnings Order)
- Deducting money from bank accounts
- Taking enforcement action through the courts, including liability orders
- Applying for driving licence disqualification or imprisonment as a last resort
- Reporting the debt to credit reference agencies
3. Court Orders
In certain circumstances, the court can make maintenance orders for children. This is typically limited to situations where:
- The paying parent’s gross income exceeds the CMS maximum (currently £3,000 per week) — the court can “top up” the CMS calculation
- The child has a disability and additional financial provision is needed
- The child is in full-time education (including university) — the CMS only covers children up to age 16, or 19 if in approved education or training
- The maintenance is being agreed as part of a consent order alongside other financial arrangements on divorce
- A Schedule 1 application under the Children Act 1989 is being made (for lump sums, property transfers, or periodical payments — particularly relevant for higher-income or unmarried parents)
What If My Ex Is Self-Employed or Hiding Income?
One of the most frustrating issues in child maintenance is when the paying parent appears to have a much lower income than their actual lifestyle suggests. This is particularly common where the paying parent is self-employed or controls a business.
The CMS generally relies on HMRC data, which can be manipulated by those who are not fully declaring their income. Options in this situation include:
- Asking the CMS to investigate and use their variation powers to look at the paying parent’s actual lifestyle, assets, or diverted income
- Applying to the court for a maintenance order if the CMS calculation does not reflect reality
- In financial proceedings on divorce, seeking full financial disclosure (including business accounts) to ensure a fair outcome
Our solicitors in Enfield have extensive experience in dealing with complex income situations and can advise on the most effective strategy.
Can Child Maintenance Be Changed?
Yes. Child maintenance can be reviewed and changed in several circumstances:
- Annual review: The CMS automatically reviews the calculation every year using updated income data from HMRC
- Change of circumstances: Either parent can request a reassessment if there has been a significant change, such as a 25% or greater change in income, a change in the number of overnight stays, or a new child
- Private agreements: Can be renegotiated at any time by mutual consent
- Court orders: Can be varied by application to the court if circumstances have changed significantly
Maintenance Alongside Other Financial Arrangements
Child maintenance is just one part of the financial picture on separation. Other financial arrangements may include:
- Spousal maintenance — regular payments from one ex-spouse to the other
- Division of property — including the family home
- Pension sharing — dividing pension assets
- Lump sum payments — one-off payments to meet specific needs
It is important that child maintenance is considered alongside these other arrangements to ensure the overall outcome is fair and meets the children’s needs.
Get Advice from Our Enfield Family Law Team
Whether you are the parent seeking maintenance or the parent being asked to pay, understanding your rights and obligations is essential. At Adel Jibs & Co Solicitors, we provide clear, practical advice on all aspects of child maintenance.
Contact us today on 020 3417 3859 or email info@adeljibssolicitors.co.uk for a consultation.