A parent, guardian or grandparent who has day-to-day care of a child may apply for child maintenance from the ‘non-resident’ parent via the child maintenance service (“CMS”). The applicant must be entitled to Child Benefit for the child and the following must apply:
- The applicant, the other parent and the child are habitually resident in the UK
- The child is under 16, or under 20 and in approved education or training. The child must not have been married or in a civil partnership.
- No one else is receiving maintenance for the child through the CMS
An application via the CMS may not be necessary if the parties can agree maintenance on a voluntary basis.
How much will you receive?
The amount payable is based on the following:
- the non-resident parent’s earnings
- how many nights a week the child spends with the non-resident parent
- how many children the non-resident parent is paying maintenance for
- if any other children live with the non-resident parent
You can use the online government calculator to check how much you’ll receive, or how much you should be paying. See Calculate your child maintenance – GOV.UK (www.gov.uk)
If you do not know how much the non-resident parent earns then you can ask the CMS to find this information out for you.
How much do the CMS charge for this service?
If you require the CMS to collect maintenance and pay it to you via the ‘Collect and Pay’ service then the following fees apply:
- A £20 application fee. The applicant does not pay this if they have experienced domestic abuse, or they are under 19 years old or they live in Northern Ireland
- The applicant has to pay 4% of the amount of maintenance they receive. This will be deducted from their payments.
- The non-resident parent will have to pay 20% of the amount of maintenance payable. This will be added to what they have to pay