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Child Maintenance Application Guide: Rights & Evidence

The Child Maintenance Service in England, Scotland and Wales is administered by the Department for Work and Pensions. Northern Ireland has its own Child Maintenance Service administration and some different appeal and complaint arrangements.

About this guide

The Child Maintenance Service in England, Scotland and Wales is administered by the Department for Work and Pensions. Northern Ireland has its own Child Maintenance Service administration and some different appeal and complaint arrangements.

Important

The Child Maintenance Service in England, Scotland and Wales is administered by the Department for Work and Pensions. Northern Ireland has its own Child Maintenance Service administration and some different appeal and complaint arrangements.

This page provides general information and signposting only. It is not legal advice and does not replace legislation, a CMS decision notice or advice from a qualified professional.

What Is an Application for Child Maintenance?

An application is a formal request for the Child Maintenance Service to assess whether statutory child maintenance should be payable and, if so, calculate the amount under the relevant legislation.

CMS May Contact Both Parents

CMS can seek information from both parties and notify the other parent that an application has been made.

CMS May Verify Information

CMS can use information from HMRC and other permitted sources to establish income and other facts relevant to the case.

CMS Makes a Calculation

If the statutory requirements are met, CMS calculates maintenance and notifies the parties of the amount and relevant dates.

CMS Creates a Case

A statutory case is established and the payment method is then managed under the scheme.

Parentage Can Be Considered

If parentage is disputed, CMS has a separate process involving evidence, DNA testing or a court determination where necessary.

Variations Can Be Requested

Either parent may be able to ask CMS to consider certain additional income or qualifying expenses under the variation rules.

Who Can Apply?

👩‍👧

Either Parent

GOV.UK states that either parent can apply. You do not necessarily have to live with the child to make an application.

👵

Grandparent With Main Day-to-Day Care

A grandparent who has main day-to-day care of the child may be eligible to apply.

🛡️

Guardian

A child's guardian may be able to apply where the statutory eligibility conditions are satisfied.

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Child Over 12 in Scotland

GOV.UK states that a child over 12 living in Scotland may apply in their own right.

Who Cannot Usually Use CMS?

  • The child does not meet the statutory age or education/training conditions.
  • The relevant parents are living together as a family.
  • There is a court-approved consent order that is less than one year old.
  • The case falls outside the territorial jurisdiction of the statutory scheme.
  • The child and parent with main day-to-day care live outside the UK.
  • The parent without main day-to-day care lives and works abroad, unless an exception applies, for example certain British organisations or the armed forces.

Eligibility Requirements

The Child Must Qualify

The child generally needs to be under 16, or under 20 and in approved education or training.

UK Residence

GOV.UK says applicants generally need to live in the UK as their main home and have the right to live here.

Overseas Cases

Special rules apply where a parent lives or works outside the UK. Some British employment abroad can still fall within CMS jurisdiction.

Parentage

Where parentage is disputed, CMS may apply statutory assumptions, request evidence, arrange DNA testing or ask a court to decide.

Legal Framework Governing Applications

Child Support Act 1991

The principal statute establishing the child support maintenance framework.

Read Act

Child Maintenance and Other Payments Act 2008

Reformed the statutory system and made substantial changes to calculation, collection and enforcement.

Read Act

Maintenance Calculation Regulations 2012

Includes the application process, effective dates, income calculation, shared care, rates and variation rules.

Read regulations

Child Support Information Regulations 2008

Governs the provision, use and disclosure of information and evidence for child support functions.

Read regulations

Data Protection Act 2018

Forms part of the UK's data-protection framework and sits alongside the UK GDPR.

Read Act

Human Rights Act 1998

Public authorities must act compatibly with Convention rights where those rights are engaged.

Read Act

The Child Maintenance Application Process

Consider Your Options

You can arrange maintenance privately if both parents agree, or use the statutory Child Maintenance Service. A private arrangement is not suitable for every family, particularly where communication or safety is a concern.

Private arrangement guidance

Use “Get Help Arranging Child Maintenance”

For Great Britain, GOV.UK directs applicants to the online “Get help arranging child maintenance” tool. It explains options and can be used to start a CMS application.

How to apply

Provide Initial Information

You may need the application reference number, bank details and National Insurance number. A person without day-to-day care may also be asked about employment, income, benefits and private pension contributions.

Identity and Information Checks

CMS may verify identity and obtain information from HMRC, employers, other government bodies or financial institutions where legislation permits.

Eligibility and Parentage Assessment

CMS determines whether the child and applicant meet statutory requirements and whether parentage is accepted, assumed or disputed.

Maintenance Calculation

CMS normally uses HMRC income data and the statutory rules in the 2012 Regulations to calculate maintenance.

Notification

The parties should receive notification explaining the calculation and decision. Read the decision carefully and check income, effective date, number of qualifying children and shared-care information.

Application Fees — Current Position

The CMS application itself is now free

The former £20 application fee was abolished from 26 February 2024. You should not now be charged simply for making a new CMS application in England, Scotland or Wales.

Application

No £20 application fee is payable under the current Great Britain scheme.

Collect & Pay

Collection fees still apply when Collect & Pay is used. Current GOV.UK guidance states that a 20% fee is added for the paying parent and 4% is deducted from the amount due to the receiving parent.

Information Needed Before Applying

About the Child

  • Full name
  • Date of birth
  • Living arrangements
  • Education or training status where relevant

About the Parents

  • Full names
  • Dates of birth
  • Address/contact details where known
  • National Insurance information where required

Financial Information

  • Employment details
  • Income
  • Benefits
  • Private pension contributions
  • Bank details for payments

Parentage Evidence

  • Birth certificate where relevant
  • Court findings
  • Adoption records
  • DNA evidence if obtained through the formal process

Existing Orders

  • Consent orders
  • Maintenance orders
  • Relevant court decisions
  • Dates those orders were made

Shared Care

  • Number of overnight stays
  • Agreed care pattern
  • Calendars or records
  • Relevant written agreements or orders

Parentage Disputes

CMS can apply statutory assumptions of parentage in certain circumstances, including where someone is named on a birth certificate, was married to or in a civil partnership with the mother during the relevant period, legally adopted the child, is named in a court order, or a DNA test confirms parentage.

If parentage is disputed, use the formal CMS process. Whether maintenance is payable during the dispute depends on whether CMS is legally entitled to assume parentage.

Importance of Accurate Information

The quality of information supplied at the start of a case can affect later decisions. Both paying and receiving parents should provide accurate information and correct mistakes as soon as they are discovered.

Incorrect Effective Dates

An incorrect date can affect liability from the start of the case and may later create disputed arrears.

Income Errors

Wrong HMRC figures, misunderstood income or unreported changes can lead to disputed calculations.

Shared Care Errors

Incorrect overnight-care information can affect the statutory reduction.

Missing Payments

Poor payment records can create later disputes, particularly where parents pay directly.

Parentage Errors

Use the formal parentage-dispute route promptly if parentage is genuinely in question.

Contact and Safety Information

Tell CMS where sharing your changed name or location would create a safety concern.

Evidence Standards & Claimant Protection

A parent should not rely only on telephone conversations or assume that CMS will always retain every record in the form they expect. Keep an independent evidence file from the beginning.

Keep Application Records

Save the application reference, online confirmations and any information you submit.

Keep Correspondence

Retain letters, emails, messages and decision notices.

Keep Payment Evidence

Bank statements, standing orders, references and payment screenshots may become important years later.

Keep Shared-Care Evidence

Calendars, written arrangements and other reliable evidence can help if overnight care is disputed.

Record Calls

Keep the date, approximate time, name of the adviser if provided, and a short note of what was discussed.

Check Every Calculation

Check income, pension deductions, qualifying children, relevant other children, shared care and effective dates.

Variations — Other Income and Expenses

Either parent can ask CMS to consider certain additional income or special expenses. A variation can be requested when applying or after the maintenance amount has been calculated.

Additional Income

  • Rental income above the relevant threshold
  • Interest and dividends above the relevant threshold
  • Certain earned income where the paying parent is on the flat rate
  • Notional income from qualifying assets
  • Alleged diversion of income

Special Expenses

  • Contact costs
  • Costs connected with a child with disability or long-term illness
  • Certain prior relationship debts
  • Boarding school boarding costs
  • Certain mortgage, loan or insurance payments on the former shared home

Safety, Domestic Abuse & Confidentiality

You do not have to make a private arrangement if contacting the other parent would make you feel unsafe. GOV.UK says CMS can be used where you do not want the other parent to know your location or personal information.

When applying, tell CMS if it is not safe for the other parent to know your changed name or your location. GOV.UK states that the applicant's address is not shared with the other parent through the normal application process.

Legal Rights During the Application Process

Fair Treatment

Public bodies must act within their statutory powers and follow lawful procedures.

Relevant Evidence

If a decision depends on a factual issue, submit evidence that directly addresses that issue and keep proof of submission.

Clear Decisions

Read the written notice and ask CMS to explain anything that is unclear.

Accurate Personal Data

UK GDPR includes a right to request rectification of inaccurate personal data in appropriate circumstances.

Review and Appeal

Many child-maintenance decisions can be challenged through mandatory reconsideration and, where applicable, an independent tribunal.

Complaint About Service

Administrative delay, poor communication or failure to follow procedures can be raised through the CMS/DWP complaint route.

If CMS Has Ignored or Misunderstood Evidence

Ask for Clarification

Ask which evidence was considered, which facts were accepted and how the decision was reached.

Resubmit Key Evidence Clearly

Identify the disputed issue, attach the relevant document and explain exactly what the evidence proves.

Mandatory Reconsideration

If the issue is an appealable decision, GOV.UK says you normally have 30 days from the date on the decision letter to request mandatory reconsideration.

Mandatory reconsideration

Tribunal Appeal

If you remain dissatisfied after mandatory reconsideration, you may be able to appeal to the Social Security and Child Support Tribunal.

Appeal guidance

Complaint

Use the complaint route if the problem is administrative failure, delay, communication or complaint handling rather than the legal merits of an appealable decision.

CMS complaints

Independent Case Examiner

ICE can investigate eligible maladministration or service complaints after a final complaint response. Current ICE guidance says you must normally contact ICE within 6 months of that final response.

ICE guidance

Data Protection & Access to Records

Subject Access Request

You can ask an organisation for copies of personal information it holds about you. A SAR can be useful where you need case records, correspondence or data held about your application.

ICO SAR guidance

Rectification

The UK GDPR includes a right to ask for inaccurate personal data to be corrected. This does not automatically change a statutory CMS decision, so you may need to use both the data-rights route and the appropriate reconsideration or appeal route.

ICO rectification guidance

Official Great Britain Resources

Child Maintenance Service

Main GOV.UK CMS guidance.

Open CMS

Eligibility

Who can apply and when CMS can be used.

Check eligibility

How to Apply

Use the official “Get help arranging child maintenance” route.

Apply / get help

Calculator

Estimate statutory child-maintenance payments.

Use calculator

Contact CMS

Online account, telephone and postal routes.

Contact CMS

Complaints & Appeals

Official route for service complaints and decision challenges.

Complaints and appeals

Northern Ireland

Apply for Child Maintenance

NI Direct provides the official Northern Ireland application route using Get Help Arranging Child Maintenance.

Apply in Northern Ireland

Child Maintenance Introduction

Official NI information about private arrangements, consent orders and CMS.

NI child maintenance guide

Appeals & Complaints

Northern Ireland has its own CMS appeal and complaint process.

NI appeals and complaints

Independent Help Across the UK

Citizens Advice — England

Independent advice on child maintenance and separation issues.

England advice

Citizens Advice Scotland

Free independent advice through the Scottish Citizens Advice network.

Scotland advice

Citizens Advice — Wales

Independent advice for people in Wales.

Wales advice

Advice NI

Independent advice network covering benefits, debt and related financial problems in Northern Ireland.

Advice NI

Independent Case Examiner

Independent complaint examination after the final CMS/DWP complaint response.

ICE

Information Commissioner's Office

Independent UK regulator for data protection and information rights.

ICO

Application Protection Checklist

  • Save your application reference and confirmation.
  • Keep a copy of every document or piece of evidence you submit.
  • Check the names, dates of birth and addresses recorded on the case.
  • Check the child's qualifying status and case effective date.
  • Check the HMRC income figure used.
  • Check pension deductions where relevant.
  • Check the number of qualifying and relevant other children.
  • Check shared-care nights and the care band applied.
  • Keep independent payment records from the first payment onward.
  • Record when you report any change of circumstances.
  • Keep all decision notices and annual-review letters.
  • Challenge an error promptly and do not miss a reconsideration or appeal deadline while waiting for a complaint response.

Key Message

Applying for child maintenance should be a transparent and evidence-based process. Both paying and receiving parents have responsibilities to provide accurate information, and both should check the information and decisions recorded on the case.

The strongest protection against future disputes is good record keeping from the beginning: save application records, payment evidence, correspondence, shared-care information and every formal decision.

If something is wrong, identify the exact disputed fact, provide evidence, and use the correct reconsideration, appeal, complaint or data-rights route.