Can I claim child maintenance?
Yes — the parent a child mainly lives with can claim child maintenance from the other parent. The basis is the Child Support Act 1991, administered by the Child Maintenance Service (CMS). You can claim for a child under 16 (or under 20 in approved full-time education). The first step is usually a family-based arrangement between you; if that doesn't work, you apply to the CMS, which calculates the amount from the paying parent's gross weekly income using HMRC data. On the basic rate, that's roughly 12% of income for one child, 16% for two, 19% for three or more, reduced for shared-care overnights. You can use Direct Pay (free) or Collect & Pay (with fees). The application fee was abolished in 2024. In short: yes, via agreement or the CMS.
📋 The rules
- Claim for a child under 16 (or under 20 in education)
- Try a family-based arrangement first
- CMS uses the paying parent's gross income
- Basic rate: 12% / 16% / 19% for 1 / 2 / 3+ children
- Direct Pay (free) or Collect & Pay (with fees)
🔓 Exceptions
- CMS can't usually act if the paying parent lives abroad
- Income over £3,000/week: a top-up is via the courts
- Flat rate of £7/week applies on low income or certain benefits
⚠️ Penalties & fines
There's no "penalty" on the claiming parent — the application fee is £0 (abolished in February 2024). If you use Collect & Pay, the CMS adds 20% to the paying parent's payments and deducts 4% from the receiving parent. The CMS has strong enforcement powers against a paying parent who won't pay: deduction-from-earnings orders, taking money from bank accounts, removing a driving licence or passport, and even prison. Beware a myth: "the £20 application fee still applies" is false — applying to the CMS has been free since 26 February 2024. (Northern Ireland runs its own CMS via the Department for Communities, with the same rates.) To claim: try a family-based arrangement, and if needed apply to the Child Maintenance Service; choose Direct Pay to avoid the collection fees.
📎 Official sources
- GOV.UK — how child maintenance is worked out →
- GOV.UK — Child Maintenance Service →
- nidirect — child maintenance rates →
❓ Frequently asked
Who can claim child maintenance?
The parent or person with main day-to-day care of a child can claim child maintenance from the other parent, the one the child doesn't mainly live with. It covers children under 16, or under 20 if in approved full-time, non-advanced education. You can arrange it privately or, if that fails, through the Child Maintenance Service.
How is child maintenance worked out?
If you use the Child Maintenance Service, it bases the amount on the paying parent's gross weekly income, taken from HMRC data. On the basic rate, that's around 12% of income for one child, 16% for two, and 19% for three or more, before reductions for shared-care overnights and other children they support.
Is there a fee to apply to the CMS?
No, not anymore. The £20 application fee for the Child Maintenance Service was abolished on 26 February 2024, so applying is now free. However, if you use the Collect & Pay service, where the CMS handles payments, fees apply: the paying parent pays 20% on top, and the receiving parent has 4% deducted.
What if the other parent won't pay?
The Child Maintenance Service has significant enforcement powers. It can set up a deduction-from-earnings order with the paying parent's employer, take money directly from their bank account, and apply to court to remove their driving licence or passport, or even seek a prison sentence in serious cases of non-payment.
What's the difference between Direct Pay and Collect & Pay?
With Direct Pay, the CMS works out the amount but the parents arrange payments between themselves, with no fees. With Collect & Pay, the CMS collects and passes on the money, but charges fees: 20% added to the paying parent's payments and 4% deducted from the receiving parent. Direct Pay is usually cheaper if both parents cooperate.
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