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Collect & Pay: Fees, Rights, and Enforcement Guide

These additions use current GOV.UK, legislation.gov.uk and ICO sources and are intended to sit alongside the original guide rather than replace it.

About this guide

These additions use current GOV.UK, legislation.gov.uk and ICO sources and are intended to sit alongside the original guide rather than replace it.

Purpose of this page: This guide brings together the original Right First Time UK Collect & Pay material with additional official-source information. It is general information, not legal advice. Always check the date on a CMS decision letter and the current GOV.UK guidance before acting on a deadline.
OFFICIAL-SOURCE UPDATE • AUGUST 2026

Important Current Rules & Safeguards

These additions use current GOV.UK, legislation.gov.uk and ICO sources and are intended to sit alongside the original guide rather than replace it.

£

Current Collect & Pay Fees

The current published fee remains 20% added for the Paying Parent and 4% deducted for the Receiving Parent for regular payments made through Collect & Pay.

GOV.UK also states that a person using Collect & Pay cannot avoid the collection fee simply by paying the other parent directly.

GOV.UK: payments & fees
↗

Future Fee Reform Is Not Yet the Current Fee

The Government has announced a future model intended to remove Direct Pay and move to a single service with a proposed 2% fee for compliant Paying Parents, 2% for Receiving Parents, while retaining 20% for non-compliant Paying Parents.

Until legislation and implementation change the live service, the current 20% / 4% Collect & Pay charges remain the published position.

Government response
60%

Protected Earnings: Deduction From Earnings

Where a Deduction from Earnings Order is used, the Child Support (Collection and Enforcement) Regulations set a protected earnings proportion of 60% of net earnings for the relevant pay period.

This is a safeguard attached to deductions from earnings. It is not a general rule that every Collect & Pay liability or every payment method is capped at 40% of income.

Legislation: Regulation 11
⚖

Enforcement Has Stages

CMS can use deductions from earnings, benefits and bank/building-society accounts. Where stronger enforcement is required, liability-order based action can include enforcement agents, registration of debt, orders for sale and, in serious cases, driving-licence/passport sanctions or committal to prison.

Government statistics state that the most serious sanctions are used only after other recovery methods have been attempted and where CMS believes the Paying Parent can pay but is refusing.

Official enforcement explanation
30

Mandatory Reconsideration

If you disagree with a decision about the amount of child maintenance, GOV.UK says you can ask for a Mandatory Reconsideration. The normal deadline is 30 days from the date of the decision letter.

If you remain unhappy after the reconsideration, appeal rights to the Social Security and Child Support Tribunal may be available.

CMS complaints & appeals
✓

Data Accuracy & Rectification

UK GDPR gives individuals a right to have inaccurate personal data rectified. The ICO also says organisations should carefully consider challenges to data accuracy and, as good practice, keep a note where accuracy is disputed.

This can be relevant where a CMS record contains an incorrect factual entry, although correcting personal data is not a substitute for using the statutory reconsideration or appeal route against a maintenance decision.

ICO: right to rectification

When Arrears Are Disputed: A Practical Evidence Route

Where CMS records and your own payment records do not match, separate the dispute into evidence, calculation and service-handling issues.

1Identify the exact period. Write down the dates and amount CMS says is unpaid.
2Match each payment. Use bank statements, payment references, CMS receipts and any Direct Pay evidence.
3Ask for an account breakdown. Request a clear payment schedule showing liability, receipts, fees, adjustments and arrears.
4Challenge the right decision. A calculation dispute may require Mandatory Reconsideration / appeal; a service failure may require a complaint; inaccurate personal data may also justify a rectification request.
5Keep proof of submission. Save upload confirmations, recorded-delivery receipts, screenshots and call notes.
6Raise disputed arrears before escalation. If enforcement is threatened, clearly state which part of the balance is disputed and provide the supporting evidence again.

Official Sources to Keep With Your Case

Important Legal Accuracy Note

Not every CMS disagreement uses the same remedy. A disagreement about a maintenance calculation, an enforcement step, a complaint about poor administration and a request to correct inaccurate personal data can each have different routes and deadlines. Use the decision letter and current GOV.UK guidance to identify the correct route.

FULL ORIGINAL GUIDE CONTENT

Collect & Pay: Detailed Guide

The following retains the content supplied for this page, including its existing explanations, responsibilities, evidence guidance, legislation references, complaint routes and checklist.

Unlike Direct Pay, where parents arrange payments between themselves, Collect & Pay involves CMS collecting child maintenance from the Paying Parent and transferring it to the Receiving Parent.

Collect & Pay can provide additional oversight where payments have broken down, but it can also lead to collection fees, enforcement action, disputes about arrears, and concerns regarding evidence handling.

For Paying Parents in particular, it is important to understand:

  • When Collect & Pay can be used
  • Collection charges and fees
  • Enforcement powers available to CMS
  • Rights to challenge decisions
  • Evidence requirements
  • Protection against false arrears
  • Accountability mechanisms
  • Complaint and appeal routes

This guide explains the legal framework, responsibilities, safeguards, and practical steps parents can take to protect themselves.

What Is Collect & Pay?

Collect & Pay is a statutory payment service operated by CMS.

Under Collect & Pay:

CMS Calculates Child Maintenance

CMS determines how much child maintenance should be paid.

CMS Collects The Payments

Payments are usually collected from the Paying Parent.

CMS Transfers Payments

CMS forwards payments to the Receiving Parent.

CMS Monitors Compliance

CMS may monitor payment history and compliance with maintenance obligations.

When Does CMS Use Collect & Pay?

Collect & Pay is generally used when:

Direct Pay Has Failed

For example:

  • Payments stop
  • Payments are regularly late
  • Significant arrears arise

Non-Payment Concerns Exist

CMS may consider Collect & Pay where there is evidence of missed payments.

Enforcement Activity Is Required

Where maintenance remains unpaid, CMS may move cases into enforcement processes.

Certain Risk Factors Exist

CMS may consider individual circumstances when determining suitability for payment arrangements.

Can Parents Request Collect & Pay?

In some situations, parents may request Collect & Pay.

CMS will consider:

  • Payment history
  • Compliance history
  • Available evidence
  • Case circumstances
  • Relevant policy and legislation

The final decision usually rests with CMS.

Collection Fees

One of the most significant differences between Direct Pay and Collect & Pay is the application of collection charges.

These charges are intended to encourage parents to use Direct Pay where possible.

Current CMS Collect & Pay fees are:

  • Paying Parent: 20% added on top of the child maintenance amount as collection charge.
  • Receiving Parent: 4% deducted from the child maintenance amount received.

Official / referenced source ↗

Proposed Future Changes

Official / referenced source ↗

The UK Government has announced reforms that may eventually reduce fees for compliant parents and change how Collect & Pay operates. The proposal is for:

  • 2% for compliant Paying Parents
  • 2% for Receiving Parents
  • 20% for non-compliant Paying Parents

Paying Parent Collection Charges

Under current arrangements, Paying Parents may be required to pay an additional percentage on top of their maintenance liability when Collect & Pay is used.

This means the actual amount paid may exceed the maintenance assessment itself.

Receiving Parent Collection Charges

The Receiving Parent may also receive slightly less than the assessed maintenance amount because collection charges can be deducted from payments received.

Government policy regarding charges can change over time.

Parents should always check current guidance.

Why Collection Charges Matter

Collection fees can significantly increase the financial impact of child maintenance obligations.

For Paying Parents, this may affect:

  • Household budgeting
  • Debt management
  • Affordability
  • Financial stability

Parents should understand how charges are calculated and applied.

Payment Responsibilities

Regardless of payment method, both parents have responsibilities.

Paying Parent Responsibilities

The Paying Parent should:

  • Make payments on time
  • Report payments accurately
  • Maintain payment evidence
  • Maintain appropriate records
  • Inform CMS of relevant changes
  • Review calculations carefully
  • Respond to correspondence promptly
  • Communicate concerns promptly

Receiving Parent Responsibilities

The Receiving Parent should:

  • Report payments accurately
  • Inform CMS of relevant changes
  • Maintain appropriate records
  • Communicate concerns promptly

Importance Of Accurate Records

Good record keeping protects everyone.

Parents should retain:

  • Bank statements
  • Payment confirmations
  • CMS letters
  • Emails
  • Text messages
  • Screenshots
  • Enforcement notices

Evidence can become crucial if disputes arise.

Enforcement Process

Where maintenance remains unpaid, CMS may use enforcement powers granted by legislation.

Enforcement is intended to recover unpaid child maintenance.

However, enforcement decisions should be lawful, proportionate, evidence-based, and procedurally fair.

Common Enforcement Actions

Depending on circumstances, CMS may seek to:

Deduct From Earnings

Money may be deducted directly from wages.

Deduct From Benefits

Certain benefit deductions may be available under legislation.

Deduct From Bank Accounts

In some circumstances, deductions may be sought from bank or building society accounts.

Liability Orders

CMS may seek legal authority to pursue unpaid maintenance.

Further Enforcement Action

Additional powers may be available under legislation where maintenance remains unpaid.

Advanced Claimant Protection

Enforcement powers are significant.

Parents should understand that legal safeguards exist.

Public authorities must act within:

Child Support Legislation

Powers must be exercised lawfully.

Administrative Law Principles

Decisions must be reasonable and evidence-based.

Human Rights Act 1998

Public authorities must act proportionately and lawfully.

Data Protection Laws

Records must be accurate and capable of correction.

Natural Justice

Individuals should have opportunities to challenge incorrect information.

Evidence Standards Before Enforcement

Before enforcement action is pursued, records should be accurate.

Relevant evidence may include:

  • Payment records
  • Bank statements
  • CMS account histories
  • Correspondence
  • Direct Pay evidence
  • Previous decisions

Evidence should be properly considered before serious enforcement action is taken.

False Arrears And Disputed Debt

One of the most common concerns raised by Paying Parents involves allegations of arrears that they believe are incorrect.

Examples may include:

  • Payments not credited correctly
  • Duplicate debt records
  • Missing payment evidence
  • Shared care errors
  • Incorrect effective dates
  • Administrative mistakes
  • Delays updating case information

Where concerns arise, evidence becomes critically important.

Protecting Yourself Against Incorrect Arrears

Good practice includes:

Retain All Payment Records

Keep evidence indefinitely where possible.

Save Every CMS Letter

Retain all correspondence.

Maintain Independent Records

Do not rely solely on CMS systems.

Check Statements Carefully

Review maintenance balances regularly.

Challenge Errors Promptly

Early intervention often prevents disputes escalating.

If You Believe CMS Has Ignored Evidence

If evidence appears not to have been considered:

Request An Explanation

Ask:

  • What evidence was considered?
  • What evidence was rejected?
  • Why was it rejected?

Submit Additional Evidence

Provide supporting documents.

Request Mandatory Reconsideration

Seek formal review.

Appeal Where Appropriate

Independent tribunals can consider certain disputes.

Make A Complaint

Where concerns relate to maladministration, service failures, delays, or procedural fairness.

Legal Rights

Parents retain important rights including:

Right To Fair Treatment

Government bodies should act fairly.

Right To Evidence-Based Decisions

Decisions should be supported by evidence.

Right To Transparency

Parents should understand how decisions were reached.

Right To Data Accuracy

Incorrect records should be corrected.

Right To Challenge Decisions

Review and appeal rights may be available.

Right To Accountability

Government departments remain accountable for errors.

Relevant Legislation

Key legislation includes:

Child Support Act 1991

Primary legislation governing child maintenance.

Child Maintenance and Other Payments Act 2008

Framework for modern CMS operations.

Child Support Collection and Enforcement Regulations

Provides enforcement powers and procedures.

Human Rights Act 1998

Protects fairness and proportionality.

Data Protection Act 2018

Protects personal information and record accuracy.

UK GDPR

Provides rights regarding personal data.

Complaints And Accountability

If concerns cannot be resolved, oversight bodies may be available.

These include:

Child Maintenance Service Complaints Process

The first stage of formal complaint handling.

Independent Case Examiner (ICE)

Investigates certain unresolved complaints.

Parliamentary And Health Service Ombudsman

Can investigate complaints referred through an MP after appropriate complaint routes have been exhausted.

Information Commissioner's Office (ICO)

Can consider concerns regarding data protection and information accuracy.

Useful Government Resources

Child Maintenance Service

https://www.gov.uk/child-maintenance-service

Collect & Pay Information

https://www.gov.uk/child-maintenance-service/how-to-pay

Child Maintenance Calculator

https://www.gov.uk/calculate-child-maintenance

CMS Complaints Procedure

https://www.gov.uk/government/organisations/child-maintenance-group/about/complaints-procedure

Independent Case Examiner

https://www.gov.uk/government/organisations/independent-case-examiner

Information Commissioner's Office

https://ico.org.uk

Child Maintenance Appeals

https://www.gov.uk/child-maintenance-service/disagreements-about-parentage-or-payments

Collect & Pay Protection Checklist

  • Keep every payment record
  • Save bank statements
  • Keep screenshots and confirmations
  • Retain all CMS correspondence
  • Check balances regularly
  • Challenge errors immediately
  • Keep records of telephone calls
  • Request written confirmations where possible
  • Preserve evidence indefinitely
  • Never assume arrears figures are automatically correct

Key Message

Collect & Pay can provide additional oversight where child maintenance payments have broken down, but it also introduces collection charges and the possibility of enforcement action. For all parents—particularly Paying Parents—understanding the rules, maintaining comprehensive evidence, reviewing records carefully, and challenging errors promptly can provide vital protection against disputed debt, incorrect arrears, and avoidable enforcement action.

Accurate records, evidence-based decision-making, procedural fairness, and accountability are fundamental principles that should apply throughout every stage of the child maintenance process.

Right First Time UK

Fair Decisions. Public Money. Real Accountability.