Important UK distinction
England, Scotland and Wales use the Great Britain Child Maintenance Service administered by the Department for Work and Pensions. Northern Ireland has its own Child Maintenance Service arrangements and a different tribunal and complaint route.
This page provides general information and signposting only. It is not legal advice and does not replace the wording of legislation, a CMS decision notice, tribunal directions or advice from a qualified professional.
About Child Maintenance
Child maintenance is regular financial support towards the everyday costs of raising a child. It can be arranged privately between parents or, where appropriate, calculated and managed through the Child Maintenance Service.
Everyday Living
Food, clothing and ordinary day-to-day needs.
Home Costs
Housing, heating, utilities and costs connected with caring for a child.
Child-Related Costs
Education, activities and other ordinary costs associated with raising a child.
Why Child Maintenance Exists
The core principle is that parents remain financially responsible for their children following separation. The statutory scheme provides a method for calculating liability and, when CMS is used, collecting and enforcing maintenance where necessary.
Child Support
Children should receive financial support from parents who are responsible for maintaining them.
Consistency
The statutory scheme uses rules about income, rates, shared care and other circumstances to calculate liability.
Responsibility
Separation does not normally end a parent's financial responsibility for a qualifying child.
Enforcement
Where statutory maintenance is due and not paid, legislation gives CMS collection and enforcement powers.
Child-Focused Principles
The Child Comes First
The purpose of maintenance is to support the child, not to reward or punish either parent.
Both Parents Matter
Paying and receiving parents have responsibilities, and both may need to provide accurate information to CMS.
Accuracy Matters
Calculations and arrears should reflect the applicable rules and reliable information.
Evidence Matters
Bank records, HMRC information, payslips, tax records and other evidence can be important when facts are disputed.
Review Rights Matter
Where legislation allows, parents can ask for mandatory reconsideration and appeal to an independent tribunal.
Service Accountability Matters
Complaints about maladministration, delay or poor service can follow the CMS/DWP complaints route and may later reach ICE.
Legal Framework — Great Britain
Key official legislation for England, Scotland and Wales.
Child Support Act 1991
The principal statutory framework for child support maintenance, calculations, collection and enforcement.
Read legislationChild Maintenance and Other Payments Act 2008
Made significant changes to the statutory child maintenance framework, including calculation, collection, enforcement and debt-management provisions.
Read legislationMaintenance Calculation Regulations 2012
Contains detailed rules on gross weekly income, historic and current income, pensions, shared care, rates and variations.
Read regulationsManagement of Payments & Arrears Regulations 2009
Includes provisions about arrears notices, attribution of payments, overpayments, set-off, recovery and write-off.
Read regulationsCollection & Enforcement Regulations 1992
Contains statutory rules concerning payment methods and enforcement measures such as deduction from earnings and liability-order procedures.
Read regulationsData Protection Act 2018 & UK GDPR
Personal-data rights can include access to personal data and, where applicable, rectification of inaccurate personal data.
Common Myths
Myth: Child maintenance is simply money “for the other parent”
The statutory purpose is financial support for a qualifying child. In practice, maintenance contributes to the household costs involved in raising that child.
Myth: One parent has all the rights
Both parties can have responsibilities to provide information, report relevant changes and engage with the process. Both may challenge decisions where the law permits.
Myth: A CMS decision can never be challenged
Many payment-amount decisions can be challenged by mandatory reconsideration and then, if appropriate, appeal. The decision letter should explain the route that applies.
Myth: Arrears figures can never be wrong
Payment records and liability periods can be disputed. Parents should keep evidence of payments and ask CMS to explain how an arrears balance was calculated.
Rights and Protections When Dealing With CMS
Understand the Decision
Read the decision notice carefully and ask CMS to explain the calculation, dates and information relied upon.
Provide Relevant Evidence
Submit evidence that directly addresses the disputed fact, such as income, payments or shared-care information.
Challenge Eligible Decisions
For Great Britain, GOV.UK states that mandatory reconsideration should normally be requested within one month of the decision.
Appeal After Reconsideration
If still dissatisfied with an appealable decision after mandatory reconsideration, an appeal can be made to the Social Security and Child Support Tribunal.
Access Personal Data
A Subject Access Request can be used to ask for copies of personal information held about you.
Request Rectification
UK GDPR gives individuals a right to ask for inaccurate personal data to be corrected in appropriate circumstances.
Paying Parents & Receiving Parents
Paying Parents
- Keep payment records and bank statements.
- Check annual-review figures and income information.
- Report relevant changes promptly.
- Ask for an explanation where a calculation or arrears figure is unclear.
- Use mandatory reconsideration and appeal where available.
- If you cannot pay the full amount on time, contact CMS rather than ignoring the issue.
Receiving Parents
- Keep records of payments received and missed payments.
- Report relevant changes or non-payment through the official CMS route.
- Provide evidence when asking CMS to consider information such as additional income or a variation.
- Challenge a decision where the law allows.
- Use complaint procedures for poor service, delay or administrative failures.
Direct Pay and Collect & Pay
Direct Pay
CMS calculates the amount, but the paying parent pays the receiving parent directly. GOV.UK advises keeping records because bank statements may be needed if a payment is disputed.
Collect & Pay
CMS collects maintenance from the paying parent and passes it to the receiving parent. Collection fees apply under the current scheme. CMS can also use statutory collection methods where appropriate.
False Arrears and Incorrect Debt
If you believe an arrears figure is incorrect, do not rely only on memory or telephone conversations. Ask for a clear breakdown and gather contemporaneous evidence.
Possible Disputes
- Payments not credited
- Incorrect liability dates
- Wrong income period
- Incorrect payment allocation
- Duplicate or historic entries
- Changes not applied correctly
Evidence to Keep
- Bank statements
- Standing-order records
- Payment references
- CMS letters
- Online-account screenshots
- Tribunal or court documents where relevant
Questions to Ask CMS
- What period does the debt cover?
- What was the weekly/monthly liability?
- Which payments were credited?
- How were payments allocated?
- What decision created or changed the liability?
- What review or appeal rights apply?
Evidence Standards and Good Decision-Making
Different issues require different evidence. Official records may carry particular weight, but relevant evidence from either party should be considered under the applicable statutory process.
Income
HMRC figures, payslips, employer information, tax returns, pension information and evidence required under the 2012 calculation rules.
Payments
Bank statements, payment references, CMS account records and other reliable records showing what was paid and when.
Shared Care
Information about overnight care and, where disputed, evidence relevant to the statutory shared-care rules.
Variations
Evidence of qualifying expenses, additional income or other grounds permitted by legislation.
Parentage
CMS has a separate statutory process for disagreements about parentage; this is not simply an ordinary payment appeal.
Service Complaints
Keep call dates, letters, complaint references, promised actions, delays and copies of final complaint responses.
Income, Annual Reviews and Variations
Annual Review
CMS normally reviews the maintenance amount each year and sends both parents information explaining the calculation.
Annual review guideCalculation Rules
The 2012 Regulations include detailed rules for historic income, current income, pension deductions, rates and shared care.
Calculation regulationsVariations
Either parent may be able to ask CMS to consider specific additional income or special expenses where the statutory variation rules permit it.
Variations guidanceChallenging a CMS Decision — England, Scotland & Wales
Ask for an Explanation
Check the decision letter, calculation, dates, income figure and evidence. Contact CMS if anything is unclear.
Mandatory Reconsideration
For an eligible decision, ask CMS to look at it again. GOV.UK says this should normally be requested within one month of the decision.
Mandatory reconsiderationIndependent Tribunal Appeal
If the mandatory reconsideration outcome is still wrong, an appeal can usually be made within one month of the Mandatory Reconsideration Notice to the Social Security and Child Support Tribunal.
CMS appeals guidanceFormal Service Complaint
If the problem is delay, communication, poor handling or maladministration rather than the legal merits of an appealable decision, use the DWP/CMS complaints route.
CMS complaintsIndependent Case Examiner
ICE can investigate eligible complaints about maladministration or service failure after the organisation has issued a final complaint response. ICE says it must normally be contacted within 6 months of that final response.
ICE guidanceParliamentary and Health Service Ombudsman
For unresolved complaints about UK government departments, PHSO is a final-stage route. By law, complaints about government departments must be referred to PHSO by an MP.
PHSO guidanceNorthern Ireland
Northern Ireland uses a separate CMS administration and appeals route.
NI Child Maintenance
Official information about arranging and managing child maintenance in Northern Ireland.
NI Direct child maintenanceAppeals & Complaints
NI Direct explains mandatory reconsideration, appeal to The Appeals Service and the NI CMS complaints route.
NI appeals and complaintsAppeal Form
Official NI form and information for appealing a child maintenance decision after mandatory reconsideration.
NI appeal formData Protection Rights
Subject Access Request
You can ask for copies of personal information held about you. This can help establish what records, correspondence and data were used or held in relation to your case.
ICO Subject Access guidanceRectification
Under UK GDPR, individuals can ask for inaccurate personal data to be corrected or incomplete personal data to be completed in appropriate circumstances. This does not automatically overturn a statutory CMS decision, so decision-review and data-rights routes may need to be used separately.
ICO rectification guidanceOfficial CMS Tools and Contact
Child Maintenance Service
Main GOV.UK guide to eligibility, applying, payments, changes and contact.
Open CMS guideContact CMS
Official online, telephone and postal contact routes for Great Britain and Northern Ireland cases.
Contact CMSPayments
Official information on Direct Pay, Collect & Pay, missed payments and payment records.
Payment guidanceReport Incorrect Information
Use the official CMS route where you believe another parent has provided incorrect information about their circumstances.
Report informationIndependent Help Across the UK
Citizens Advice — England
Independent advice about CMS applications, maintenance arrangements and related family issues.
England adviceCitizens Advice Scotland
Free independent advice through Scotland's Citizens Advice network.
Scotland adviceCitizens Advice — Wales
Independent child-maintenance information and advice for people in Wales.
Wales adviceAdvice NI
Independent advice network in Northern Ireland covering benefits, debt and related financial problems.
Advice NIFind Your MP
If you have exhausted the appropriate UK government complaint route and need an MP referral to PHSO, find your constituency MP here.
Find your MPRight First Time UK CMS Hub
Explore further CMS information, campaigns, transparency material and related guides.
Open CMS HubPractical Record-Keeping Checklist
- Keep every CMS decision notice and annual review.
- Save bank statements and payment references.
- Record dates and summaries of important telephone calls.
- Keep copies of evidence submitted to CMS.
- Keep screenshots or downloaded records from your online CMS account.
- Record when changes of circumstances were reported.
- Keep Mandatory Reconsideration Notices and tribunal documents.
- Keep complaint acknowledgements, responses and the final complaint response.
- For disputed arrears, build a month-by-month schedule comparing liability, payments and the CMS balance.
Key Message
Child maintenance is intended to support children and ensure financial responsibility continues after parents separate. That objective depends on accurate calculations, reliable payment records, lawful decision-making and fair opportunities to challenge mistakes.
Do not assume a figure is correct merely because it appears in a letter or online account, but equally do not ignore a statutory decision. Check the decision, gather evidence, meet applicable deadlines and use the proper reconsideration, appeal or complaint route.
Good records, clear evidence and the correct review process are often the strongest tools available to both paying and receiving parents.