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CMS Child Maintenance Payment Framework Overview

This section updates and qualifies the November 2025 framework using current DWP and GOV.UK guidance. The original document remains preserved below.

About this guide

This section updates and qualifies the November 2025 framework using current DWP and GOV.UK guidance. The original document remains preserved below.

Updated source check: The original November 2025 framework is preserved below. The August 2026 section above it clarifies the current statutory rates, shared-care rules, Collect & Pay charges, variations and the limited scope of protected earnings/affordability safeguards.
CURRENT OFFICIAL-SOURCE CHECK • AUGUST 2026

Current CMS Payment Framework

This section updates and qualifies the November 2025 framework using current DWP and GOV.UK guidance. The original document remains preserved below.

6

CMS Uses a Six-Step Statutory Calculation

Current DWP guidance describes six stages: yearly gross income/benefits; adjustments such as pension contributions and other children; the applicable rate; qualifying children; weekly liability; and finally shared care.

Official six-step guide
£3K

Income Bands and the £3,000 Weekly Cap

The current statutory structure includes Nil, Flat, Reduced, Basic and Basic Plus rates. CMS normally takes gross weekly income into account up to £3,000 per week. Where income is higher, GOV.UK says the Receiving Parent may be able to apply to court for additional child maintenance.

Current rate bands
1

One Child

For gross weekly income of £200 to £800, the Basic rate is 12%. For income above £800 and up to £3,000, the first £800 remains at 12% and the excess is charged at 9%.

Official rate table
2

Two Children

For gross weekly income of £200 to £800, the Basic rate is 16%. Above £800 and up to £3,000, the first £800 remains at 16% and the excess is charged at 12%.

Official rate table
3+

Three or More Children — Missing From the Original Table

The current framework also has a three-or-more-child rate: 19% on income up to £800 per week and 15% on income between £800 and £3,000.

Current calculation structure
LOW

Reduced, Flat and Nil Rates Also Matter

The standard percentage examples do not cover every case. Current guidance uses a Nil rate below £7, a £7 Flat rate for £7–£100 or certain benefits, and a statutory Reduced-rate formula for £100.01–£199.99.

All CMS rates
CARE

Shared Care Bands: One Important Extra Rule

The 52–103, 104–155 and 156–174 bands reduce the relevant child's amount by 1/7, 2/7 and 3/7 respectively. At 175 nights or more, the current rule is 50% plus an extra £7 per week reduction for each child in that band, subject to the applicable minimum-payment rules.

Official shared-care table
52

If the Parents Agree Shared Care Exists but Disagree on Nights

Current GOV.UK guidance says that if both parents agree there are at least 52 nights but cannot agree the exact number, CMS can assume 52 nights a year.

Shared-care evidence rules
!

6–7% and 11–12% Are Not General CMS Benchmarks

The percentages in your two worked examples are mathematically consistent with those particular income and shared-care assumptions. They should not be described as typical statutory outcomes for all one-child or two-child cases. The true percentage varies with income band, number of children, other children supported, pension adjustments, variations and shared care.

Official child-maintenance calculator
C&P

Collect & Pay Fees Are Added After the Liability

Current Collect & Pay charges remain 20% added for the Paying Parent and 4% deducted from the Receiving Parent's maintenance. Direct Pay has no collection fee.

Current payment and fee guidance
60%

Protected Earnings: A DEO Safeguard, Not a General Affordability Formula

Where CMS uses a Deduction from Earnings Order, the employer must normally leave the Paying Parent with at least 60% of net earnings. GOV.UK describes this as protected earnings.

This does not mean CMS generally recalculates ordinary statutory liability by deducting rent, Universal Credit entitlement, household bills or other living costs.

60% protected earnings rule
VAR

Affordability Is Not an Open-Ended Variation Ground

A variation can only use categories permitted by the statutory rules. Paying Parent special expenses can include qualifying contact travel, certain costs for a disabled or long-term-ill child living with them, certain former-relationship debts, specified boarding-school costs and certain payments connected with a former shared home.

General rent, food, utilities or ordinary household expenditure do not automatically reduce the statutory maintenance calculation.

Official variation rules Paying Parent variation guide

Current CMS Rate Snapshot

For the 2012 scheme in Great Britain.

Gross weekly incomeRate1 child2 children3+ children
Below £7Nil£0£0£0
£7–£100 / qualifying benefitsFlat£7£7£7
£100.01–£199.99Reduced£7 + 17% over £100*£7 + 25% over £100*£7 + 31% over £100*
£200–£800Basic12%16%19%
£800.01–£3,000Basic Plus12% first £800 + 9% excess16% first £800 + 12% excess19% first £800 + 15% excess

*Reduced-rate figures shown are the no-other-supported-children example. The full formula changes where other children supported by the Paying Parent must also be taken into account.

AFFORDABILITY — WHAT THE LAW ACTUALLY DOES

Separate the Liability From the Collection Method

1First calculate statutory liability: CMS applies the statutory income, rate, children, variation and shared-care rules.
2If income has materially fallen: report the change promptly. Current CMS rules generally require a 25% income change, or no income, before current income changes the assessment outside the annual review.
3Check statutory variations: use qualifying special expenses rather than treating ordinary household costs as an automatic deduction.
4If arrears cannot be paid immediately: contact CMS about payment arrangements and provide evidence of the actual financial position.
5If a DEO is used: the employer must apply the 60% protected-earnings rule.
6If the calculation is wrong: affordability discussions do not replace Mandatory Reconsideration or tribunal appeal rights.

Important Correction to the November 2025 Legislative References

The original document refers to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000. Those regulations belong to an older child-support scheme. Current CMS applications use the Child Support Maintenance Calculation Regulations 2012 (SI 2012/2677). Likewise, protected earnings for a modern CMS Deduction from Earnings Order should be checked against the current, amended Child Support (Collection and Enforcement) Regulations 1992 and current GOV.UK employer guidance rather than treating the old 2000-regulation references as the governing 2012-scheme provisions.

2012 Calculation Regulations ↗ Collection & Enforcement Regulations 1992 ↗

Important: Current Fees vs Announced Future Reform

As of August 2026, current Collect & Pay fees remain 20% for the Paying Parent and 4% for the Receiving Parent. Government has announced future reforms involving a different fee structure, but its published response says legislative change is required and introduction is expected in 2027/28, Parliamentary time permitting. Future proposals should therefore not be presented as current law.

Government reform response ↗

Official Payment Framework Sources

FULL NOVEMBER 2025 CONTENT

Original CMS Child Maintenance Payment Framework

All content supplied for this page is retained below. Where a historical legal reference or broad statement needs qualification, the current-source section above explains the position.

CMS Child Maintenance Payment Framework

Statutory Calculation Rates, Shared Care Adjustments and Affordability Considerations

November 2025

Introduction

The Child Maintenance Service (CMS) calculates child maintenance using statutory rates set out in legislation. These rates are applied to a paying parent's gross weekly income and may be adjusted to reflect shared care arrangements, collection charges, protected earnings provisions and other relevant circumstances.

This framework provides an overview of the statutory calculation process, the shared care reduction system, and the key legal principles that guide CMS decision-making.

1. Statutory Child Maintenance Rates

The standard rates of child maintenance are determined by the number of qualifying children.

One Qualifying Child

12% of gross weekly income up to £800 per week.

9% of any gross weekly income above £800 per week.

Two Qualifying Children

16% of gross weekly income up to £800 per week.

12% of any gross weekly income above £800 per week.

These rates are prescribed by the Child Support Act 1991 and are intended to provide a fair and proportionate contribution towards the cost of raising children.

Standard Calculation Process

CMS generally calculates maintenance using the following steps:

  • Obtain the paying parent's gross weekly income, usually from HMRC records.
  • Apply the relevant statutory percentage according to the number of qualifying children.
  • Apply any shared care reduction where overnight care is provided.
  • Add collection fees where the Collect and Pay service is being used.

2. Shared Care Reductions

Where a paying parent provides regular overnight care, CMS reduces the maintenance liability to reflect the time the child spends in their care.

The reduction is applied after the statutory percentage calculation has been completed.

Shared Care Band

Nights Per Year

Reduction Applied

Percentage Payable

Band A

52–103 nights

1/7 deduction

85.7%

Band B

104–155 nights

2/7 deduction

71.4%

Band C

156–174 nights

3/7 deduction

57.1%

Band D

175+ nights

50% deduction

50.0%

These reductions recognise the financial contribution made through direct care and overnight accommodation.

3. Example Calculation – One Child

Gross Weekly Income: £600

Shared Care: Band C (156–174 nights)

Step 1: Gross weekly income = £600

Step 2: Apply statutory rate:

£600 × 12% = £72.00 per week

Step 3: Apply Band C shared care reduction:

£72.00 × 4/7 = £41.14 per week

Step 4: Convert to monthly amount:

£41.14 × 52 ÷ 12 = £178.27 per month

This equates to approximately 6.9% of a monthly income of £2,600.

4. Example Calculation – Two Children

Gross Weekly Income: £650

Shared Care: Band B (104–155 nights)

Step 1: Gross weekly income = £650

Step 2: Apply statutory rate:

£650 × 16% = £104.00 per week

Step 3: Apply Band B shared care reduction:

£104.00 × 5/7 = £74.29 per week

Step 4: Convert to monthly amount:

£74.29 × 52 ÷ 12 = £321.92 per month

This equates to approximately 11.4% of a monthly income of £2,817.

Typical Maintenance Outcomes

Where shared care arrangements are in place, maintenance payments commonly fall within the following ranges:

One child: approximately 6–7% of gross income.

Two children: approximately 11–12% of gross income.

Where demands significantly exceed these ranges, it may be appropriate to review the calculation to ensure that the correct income figures, shared care arrangements and statutory rules have been applied.

5. Key Decision-Making Principles

CMS is required to apply legislation fairly while also considering the individual circumstances of each case.

Individual Circumstances and Discretion

Government guidance recognises that collection and enforcement decisions should take account of the circumstances of the individual case rather than relying solely on standard procedures.

Child Welfare

When exercising discretionary powers, the welfare of any child affected by a decision remains an important consideration.

Protected Earnings

Protected earnings provisions are designed to ensure that enforcement action does not leave a paying parent without sufficient income to meet essential living costs.

These protections may include consideration of:

  • Universal Credit or Income Support entitlement levels.
  • Housing costs.
  • Essential household expenditure.
  • Additional statutory allowances.

Variations

A parent may request a variation where the standard calculation would otherwise produce an unfair or inappropriate outcome.

Examples include:

  • Significant special expenses.
  • Income not reflected in HMRC records.
  • Property or capital transfers relevant to child maintenance.

Duty to Explain Decisions

Where concerns are raised, CMS should:

  • Investigate the issues properly.
  • Provide a clear explanation of calculations.
  • Correct any identified errors.
  • Consider Mandatory Reconsideration where appropriate.

6. Affordability Considerations

Although statutory percentages form the basis of child maintenance calculations, affordability remains an important consideration when determining payment arrangements and enforcement action.

Protected earnings rules recognise that maintenance collection should not leave a parent unable to meet essential living expenses.

Circumstances Where Affordability May Require Particular Consideration

  • A significant reduction in income.
  • Evidence of financial hardship.
  • Responsibility for other dependent children.
  • Enforcement action creating genuine difficulty in meeting basic living costs.
  • Maintenance demands that appear substantially higher than expected under statutory calculations.

Balancing Financial Stability

The long-term welfare of children is generally best served when both parents remain financially stable.

Excessive enforcement measures can sometimes:

  • Reduce a parent's ability to provide during shared care.
  • Affect health and wellbeing.
  • Increase parental conflict.
  • Undermine cooperative parenting arrangements.

Practical Steps for Parents

Where affordability concerns arise, parents should:

  • Keep clear records of income and essential expenditure.
  • Request consideration of protected earnings provisions.
  • Seek payment arrangements that reflect actual financial circumstances.
  • Ask CMS to explain how affordability factors were assessed.
  • Escalate concerns through management review or the complaints process where appropriate.

Legislative Framework

Primary Legislation

Child Support Act 1991

  • Section 2 – Child welfare considerations.
  • Section 28A – Variations to standard maintenance rules.
  • Schedule 1, Part I, Paragraph 2(1) – Statutory maintenance percentages.

Secondary Legislation

Child Support (Maintenance Calculations and Special Cases) Regulations 2000

  • Regulation 7 – Gross weekly income calculations.
  • Regulation 50 – Shared care reductions.
  • Regulation 53 – Protected earnings provisions.

Child Support (Collection and Enforcement) Regulations 1992

  • Regulation 26 – Protected earnings and deduction from earnings orders.
  • Regulation 32 – Collection fees and charges.

Independent Review

Parents who believe CMS has failed to follow proper procedures may refer unresolved complaints to the Independent Case Examiner (ICE), which can independently review CMS actions and make recommendations where appropriate.

This document is intended as a general guide to the statutory child maintenance framework and should not be regarded as legal advice. Individual cases depend on specific facts, evidence and applicable legislation.

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