What is child maintenance?
Charlotte Steele, Family Solicitor at Sinclair Law, explains, “Child maintenance is the financial support that one parent provides to the other following a separation, to assist with a child’s living costs — such as food, clothing, school supplies, and housing. In England and Wales, these payments are typically overseen by the Child Maintenance Service (CMS).”
This support ensures that children continue to receive consistent care and resources, even when parents no longer live together. The CMS exists to formalise and manage these arrangements, helping to reduce conflict and ensure fair outcomes for all involved.
How is it calculated?
The amount of child maintenance is not fixed and depends on several factors, including:
- The gross income of the paying parent
- The number of children the maintenance is for
- How often the child stays overnight with the paying parent
The CMS uses a specific formula to work out the payments, but parents can get a rough idea of what might be expected by using the CMS’s online calculator. This tool is particularly helpful for those looking to plan ahead or understand their responsibilities.
How do payments work?
There are two main ways child maintenance payments can be arranged:
- Private Agreement – If both parents are amicable and can agree on the terms, they can handle payments privately. This is often the simplest option as it avoids fees and formal processes.
- Through the CMS, which offers two options:
- Direct Pay: the paying parent transfers money directly to the receiving parent. The CMS calculates the amount but does not handle the transfer of funds.
- Collect & Pay: the CMS collects the money from the paying parent and passes it to the receiving parent. This method incurs fees but can be useful if there are issued with payment compliance.
When can the Court get involved?
The Family Court is not generally involved in routine child maintenance arrangements unless:
- The CMS does not have jurisdiction – for example, if one parent lives abroad.
- Both parents agree to a legally binding court order.
- Additional costs are in question, such as:
- Private school fees
- Expenses related to a child’s disability
- “Top-up” payments for high-income earners where CMS calculations don’t reach the necessary level
What can affect child maintenance?
Child maintenance isn’t static. Life changes can significantly impact what’s paid and received. Examples include:
- A change in either parent’s income
- A shift in the amount of overnight care
- A child becoming financially independent
- A child completing full-time education
For these reasons; it’s important to regularly review your child maintenance arrangement to ensure it still reflects your situation accurately.
When does child maintenance stop?
This is a question we hear a lot: when does child maintenance stop? The answer isn’t always straightforward.
- If your child finishes full-time education or training, child maintenance usually ends after 31 August following their 16th birthday.
- If your child continues in approved full-time education, payments may continue until they turn 20.
A handy tip: If you’re still receiving Child Benefit for your child, it’s likely that child maintenance should still be paid.
What counts as approved education?
To qualify for continued maintenance, the education must be:
- Full-time (over 12 hours per week)
- Not considered “advanced” (university degrees do not qualify)
Accepted types of education include:
- A-levels, T-levels, or Scottish Highers
- NVQs up to Level 3
- Most vocational training
- Traineeships
- Home education
Example:
Alex is 17 and studying for A-levels – maintenance continues
Jamie is 20 and has started a university degree – maintenance ends
If you’re wondering when does child maintenance stop in your specific situation, consider the type of education your child is pursuing and whether they remain dependent.
Don’t just stop payments!
Charlotte, warns, “Don’t just stop payments! Even if your child turns 16 or finishes school, check first. If you’re paying through the CMS, you’ll need to let them know. Stopping payments early could lead to arrears, and overpaying is no fun either.”
It’s best to ask the question when does child maintenance stop? Before taking action, rather than after payments have already been halted.
Need help?
Child maintenance can feel complicated, especially when life is changing fast. If you’re unsure about what applies to you or how to update your arrangement, we’re here to help.
Contact us today for a free 30-minute initial consultation to discuss your options and ensure your arrangements are right for you and your family.