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The Child Maintenance Service (CMS) is a service provided by the government to help parents agree child maintenance when they separate. 

You may find the CMS online calculator a useful tool when discussing child maintenance. It provides a a guide to what the government will work out for you if you are not able to reach an agreement. The government has also provided some further information to help parents agree on what is needed to support their children financially here.

The government has announced it is planning to make changes to CMS when there is enough time in parliament to deal with this. The changes are likely to be as follows:

1) include unearned income in child maintenance calculations 

2)  extinguish small volumes of very low value debt (£6.99 and under) where the maintenance calculation has ended but there remains an outstanding debt, and the value of the debt is substantially less than the cost of collecting it 

3) extinguish arrears where child maintenance has been deducted from a parent's earnings and their employer has gone into administration, and the outstanding arrears can no longer be recovered.                              

Most parents don't used the CMS and are able to agree on what is appropriate for their family, based on what their children need, and what they can afford. 

Some parents reach agreement between themselves, but it is normal for it to be tricky to discuss some financial issues when you separate. 

Mediation, collaborative law, or solicitors negotiating can all help you reach an agreement without going to court or using the CMS.

If you cannot reach an agreement, the CMS will set a fixed amount for child maintenance which must be paid regularly. In limited circumstances, for example if school fees need to be paid or you have a disabled child, the court can be asked to decide what payments should be made by separated parents to support their children.

This is not a straightforward area of law and much will depend on your individual situation. This means this information should only be used as guidance and cannot be relied upon as legal advice. 

For more information about your individual situation, please contact us. There is no charge for the  first telephone call.