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 & feesFuture 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 responseProtected 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 11Enforcement 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 explanationMandatory 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 & appealsData 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 rectificationWhen 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.
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.
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.