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Direct Pay: Process, Rights, and Accountability Guide

For England, Scotland and Wales, GOV.UK confirms that CMS payment arrangements can be managed through Direct Pay or Collect & Pay . Under Direct Pay, the paying parent pays the receiving parent directly and there are no CMS collection fees .

About this guide

For England, Scotland and Wales, GOV.UK confirms that CMS payment arrangements can be managed through Direct Pay or Collect & Pay . Under Direct Pay, the paying parent pays the receiving parent directly and there are no CMS collection fees .

Official Position

For England, Scotland and Wales, GOV.UK confirms that CMS payment arrangements can be managed through Direct Pay or Collect & Pay. Under Direct Pay, the paying parent pays the receiving parent directly and there are no CMS collection fees.

GOV.UK also specifically tells parents to keep a record of payments because a bank statement may be needed if a missed payment is reported.

What Is Direct Pay?

CMS calculates the liability, but the actual payment passes directly between the parents.

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CMS Calculates the Maintenance

CMS applies the statutory calculation rules and tells both parents how much maintenance is due.

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Parents Arrange the Payment

The paying parent normally pays the receiving parent directly by an agreed traceable method such as bank transfer or standing order.

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Parents Keep Payment Records

Direct Pay makes independent record keeping particularly important because CMS does not normally process every payment itself.

How Direct Pay Works

CMS Makes the Calculation

CMS determines the statutory maintenance amount under the applicable calculation rules.

Both Parents Receive the Payment Plan

CMS issues information showing how much should be paid and when. The payment plan can also be available through the online CMS account.

The Paying Parent Pays Directly

The parents agree a practical method such as bank transfer or standing order. The payment should be made in accordance with the CMS payment plan.

Both Parents Keep Evidence

Keep evidence of payments made and received, correspondence, changes to bank details, and any dispute raised with CMS.

Report Missed or Short Payments

The receiving parent can report missed or insufficient payments through the official CMS account or contact route.

CMS May Move the Case to Collect & Pay

If the paying parent does not pay in full and on time, CMS can change the payment method to Collect & Pay.

Benefits of Direct Pay

No Collection Charges

There are no CMS collection fees while payments are successfully managed through Direct Pay.

Direct Payment

The maintenance payment goes directly from the paying parent to the receiving parent.

Less CMS Handling

CMS calculates the amount, but does not routinely collect and pass on each Direct Pay payment.

Traceable Bank Payments

Electronic payments can provide strong independent records if a later dispute arises.

Predictable Payment Plan

CMS provides a payment plan showing what is due and when.

Can Avoid Collect & Pay Fees

Where Direct Pay continues successfully, the 20% paying-parent and 4% receiving-parent Collect & Pay fees do not apply.

Risks of Direct Pay

Missing Evidence

A payment may be difficult to prove if bank records, receipts or references are lost.

Poor Payment References

Vague references can make it harder to identify which transfer was intended as child maintenance.

Historic Disputes

A disagreement can arise long after the payment was allegedly made or missed.

Alleged Non-Payment

The receiving parent may report a payment as missing, requiring evidence from the paying parent.

Record Differences

The parents' own records may not match each other or the CMS case history.

Collect & Pay Transfer

Repeated or serious payment failures may result in CMS moving the case to Collect & Pay.

Why Payment Records Matter

GOV.UK expressly tells Direct Pay users to keep a record of payments. If a missed payment is reported, a bank statement may be required. This makes independent, traceable evidence one of the strongest protections for both paying and receiving parents.

EvidenceWhat to KeepWhy It Helps
Bank transferStatement, transaction ID, date, amount, recipient and referenceProvides independent banking evidence that a payment left the account
Standing orderInstruction, schedule and completed transactionsShows a regular payment arrangement and payment history
Payment referenceClear wording identifying maintenance and, where useful, the child's name or CMS referenceHelps distinguish child-maintenance payments from other transfers
Written communicationEmails, texts, letters or parenting-app messagesCan evidence discussions about dates, amounts and alleged missed payments
CMS noticesPayment plan, annual reviews, decisions and complaint responsesShows the amount CMS said should have been paid during each period

Keeping Payment Records

Bank Transfers

  • Bank statements
  • Transaction confirmations
  • Reference numbers
  • Screenshots where useful
  • Date and recipient account

Standing Orders

  • Original standing-order instruction
  • Payment schedule
  • Bank confirmations
  • Evidence of cancelled or changed instructions

Written Records

  • Emails
  • Letters
  • Text messages
  • Parenting-app communications
  • CMS account messages

Payment References

Clear References

Where your bank allows it, use a reference that makes the purpose of the payment easy to identify later.

  • Child maintenance
  • CMS maintenance
  • Maintenance payment
  • Child's name + maintenance
  • Your CMS reference where appropriate

Avoid Ambiguous References

A vague payment reference may create additional disagreement if money is also transferred for clothing, school costs, debts, gifts or other family expenses.

Keep the statutory maintenance payment identifiable from voluntary or additional payments.

Direct Pay Protection

Keep Independent Records

Do not rely only on either parent's memory or on a future CMS record.

Keep More Than One Copy

Secure digital copies and downloaded statements reduce the risk of records disappearing.

Check CMS Decisions

Check payment amount, calculation period, effective date and later annual reviews.

Record Changes

Keep evidence of changed bank details, revised payment dates and changes formally reported to CMS.

Separate Extra Payments

If you pay additional money voluntarily, label it clearly so it is not confused with statutory maintenance.

Act Early

Payment disagreements are often easier to investigate while banking records and correspondence are readily available.

If Payments Stop or Are Short

Check the Payment Plan

Confirm the amount and due date before treating the payment as missed.

Check the Bank Records

Check whether a transfer was delayed, rejected, sent to the wrong account or made under an unfamiliar reference.

Communicate Where Appropriate and Safe

A simple error may sometimes be resolved directly. There is no requirement to contact the other parent where doing so would be unsafe.

Report the Missed Payment to CMS

The receiving parent can use the online CMS account or official contact route to report a missed or insufficient payment.

Provide Evidence

CMS may ask for bank evidence when investigating a Direct Pay dispute.

Possible Move to Collect & Pay

If the paying parent does not pay in full and on time, CMS can change the case to Collect & Pay.

Collect & Pay

Under Collect & Pay, CMS collects the payment from the paying parent and passes it to the receiving parent. Current GOV.UK guidance states that the paying parent is charged 20% on top of the maintenance amount and the receiving parent has 4% deducted from the maintenance passed on.

If Collect & Pay is being used, GOV.UK states that paying the receiving parent directly does not avoid the collection fees.

Protecting Yourself Against Incorrect or Disputed Arrears

Keep Every Bank Statement

Download statements for the entire liability period rather than relying only on what remains visible in a banking app.

Keep Transaction Evidence

Save payment IDs, references and confirmation screens.

Keep CMS Payment Plans

The liability figure must be compared with what CMS said was due for the relevant period.

Build a Month-by-Month Schedule

List what was due, what was paid, the transaction reference and the resulting balance.

Ask CMS for Its Breakdown

Ask which payments CMS has credited and what period the claimed arrears cover.

Challenge the Correct Issue

A payment-record dispute and a dispute about the underlying maintenance calculation may require different challenge routes.

What If CMS Does Not Accept Your Evidence?

Ask for a Full Explanation

Ask what evidence was considered, what was not accepted, and why the evidence did not change the decision.

Provide Focused Evidence

Identify the exact disputed payment, date and amount and attach the bank record that supports your position.

Mandatory Reconsideration

If the dispute concerns an appealable CMS decision, ask for mandatory reconsideration. Current GOV.UK guidance says you normally have 30 days from the date on the decision letter.

Tribunal Appeal

If you remain dissatisfied with an appealable decision after mandatory reconsideration, you can appeal to the Social Security and Child Support Tribunal within the applicable deadline.

Formal Complaint

Use the CMS/DWP complaint procedure for service failures, delay, poor communication, failure to follow procedures or maladministration.

Independent Case Examiner

ICE can consider eligible complaints after the final complaint response. Current ICE guidance says you must normally contact ICE within 6 months of receiving that final response.

Legal Rights & Administrative Safeguards

Lawful Administration

CMS must act within the powers given by child-support legislation and regulations.

Relevant Evidence

Where a decision depends on disputed facts, provide evidence that directly addresses those facts.

Reasons and Transparency

Ask CMS to explain the basis of a disputed decision and the evidence relied upon.

Challenge Rights

Eligible decisions can be reconsidered and appealed through the statutory process.

Data Accuracy

UK GDPR includes a right to ask for inaccurate personal data to be rectified where the legal conditions are met.

Complaint Rights

Service failures can be raised through DWP, then potentially ICE and ultimately PHSO after the required complaint stages.

Relevant Legislation & Official Rules

Child Support Act 1991

The principal statutory framework for child support maintenance, collection and enforcement.

Read Act

Child Maintenance and Other Payments Act 2008

Made major reforms to calculation, collection, enforcement and debt-management powers.

Read Act

Collection & Enforcement Regulations 1992

Contains statutory rules on payment methods, collection arrangements and enforcement.

Read regulations

Management of Payments & Arrears Regulations 2009

Contains provisions relevant to arrears notices, attribution of payments, overpayments, recovery and write-off.

Read regulations

Data Protection Act 2018

Forms part of the UK's legal framework for processing personal information.

Read Act

Human Rights Act 1998

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

Read Act

Data Protection & Access to Records

Subject Access Request

You can ask for copies of personal information held about you. This may help establish what case records, payment information and correspondence are held.

Rectification

UK GDPR gives individuals the right to ask for inaccurate personal data to be corrected in appropriate circumstances. Correcting personal data is not automatically the same as changing a statutory CMS decision, so an appeal or reconsideration route may also be needed.

Accountability & Oversight

CMS / DWP Complaints

First-stage route for complaints about CMS service and administration.

CMS complaints

Independent Case Examiner

Independent examination of eligible DWP/CMS maladministration complaints after the final complaint response.

ICE

Independent Tribunal

Social Security and Child Support Tribunal for eligible appeals after mandatory reconsideration.

Appeal information

PHSO

Final-stage Ombudsman route for unresolved UK government complaints. A complaint about a government department must be referred by an MP.

PHSO guidance

Information Commissioner's Office

Independent regulator for UK data-protection and information rights.

ICO

Find Your MP

Use the official Parliament service if an MP referral is needed for PHSO.

Find your MP

Northern Ireland

Northern Ireland has its own CMS administration and official NI Direct guidance.

Payment Methods & Plans

Official Northern Ireland guidance covering Direct Pay, Collect & Pay, keeping payment records and reporting missed payments.

NI payment guidance

Payment Problems

NI Direct information about early payments, missed payments and payment problems.

NI payment problems

Appeals & Complaints

Official Northern Ireland route for challenging a CMS decision or raising a complaint.

NI appeals & complaints

Independent Help Across the UK

Citizens Advice — England

Independent advice about child maintenance, unpaid maintenance, evidence and CMS problems.

England advice

Citizens Advice Scotland

Independent advice through Scotland's Citizens Advice network.

Scotland advice

Citizens Advice — Wales

Independent child-maintenance and family guidance for people in Wales.

Wales advice

Advice NI

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

Advice NI

Right First Time UK CMS Hub

Further child-maintenance information, transparency material, guides and support resources.

Open CMS Hub

Official CMS Calculator

Estimate the statutory maintenance amount using the official government calculator.

CMS calculator

Direct Pay Protection Checklist

  • ✓ Pay electronically wherever possible.
  • ✓ Use a clear child-maintenance payment reference.
  • ✓ Save bank statements and transaction confirmations.
  • ✓ Keep screenshots where useful.
  • ✓ Retain all CMS correspondence and payment plans.
  • ✓ Keep records of changed bank details and payment arrangements.
  • ✓ Separate statutory maintenance from voluntary extra payments.
  • ✓ Review CMS calculations and effective dates carefully.
  • ✓ Build a payment schedule if arrears are disputed.
  • ✓ Ask CMS for a written breakdown of any disputed balance.
  • ✓ Challenge appealable decisions within the relevant deadline.
  • ✓ Do not assume a complaint automatically protects an appeal deadline.
  • ✓ Keep records for the long term.

Frequently Asked Questions

Does Direct Pay cost anything?

No CMS collection fee is charged for Direct Pay. Collect & Pay has separate fees.

Does CMS monitor every Direct Pay payment?

Direct Pay means the payment is made directly between the parents. This is why GOV.UK advises parents to keep records and says bank statements may be needed when missed payments are reported.

What is the best evidence of a Direct Pay payment?

A bank statement or other independent banking record showing the amount, date, recipient and a clear payment reference is usually particularly useful evidence.

Can CMS move a Direct Pay case to Collect & Pay?

Yes. GOV.UK states that if the paying parent does not pay in full and on time, CMS can change the payment method to Collect & Pay.

Can I challenge an incorrect CMS decision?

Many child-maintenance decisions can be challenged by mandatory reconsideration and, if appropriate, tribunal appeal. Check the decision notice because some decisions have different routes.

Key Message

Direct Pay can provide a flexible and cost-effective way to manage statutory child maintenance because there are no CMS collection fees while the arrangement is working successfully.

Its biggest practical protection is evidence. Keep payment records, use clear references, retain CMS decisions, document changes and investigate any disputed arrears promptly.

A Direct Pay payment that can be independently traced and matched to the correct maintenance period is far easier to prove than one supported only by memory or verbal agreement.