For separated parents, ensuring financial support for their child is essential, but navigating the child maintenance system can feel daunting. Whether you’re the parent who lives with the child or the one making payments, understanding your rights and responsibilities can help you move forward with clarity and confidence.
In this blog, we explain how the Child Maintenance Service (CMS) works, how decisions can be challenged, and when a Schedule 1 claim might be appropriate.
Who Can Apply to the CMS?
The CMS is a statutory body that helps parents calculate and manage child maintenance payments. Applications can be made by:
- The parent the child lives with (resident parent)
- The parent the child doesn’t live with (non-resident parent)
- Guardians and special guardians
- Children over 18 in some circumstances
However, if a child maintenance agreement has been included in a final court order as part of wider family proceedings, the CMS cannot intervene for the first 12 months.
How the CMS Calculates Maintenance
The CMS uses a standardised six-step process:
- Gross income – Based on HMRC data (wages, fees, bonuses, pensions, but not lump sums).
- Adjustments – For pension contributions or other dependent children.
- Apply a rate – Basic, reduced, flat or nil, depending on income.
- Shared care – Adjusted based on overnight stays (at least 52 per year).
- Other children – Any children the paying parent supports in their household.
- Final figure – The weekly amount payable.
Maintenance is usually paid through one of two options:
- Direct Pay: Parents agree and manage payments directly.
- Collect and Pay: CMS handles the collection, but charges apply.
Reviews take place every 12 months using up-to-date HMRC records.
The best way to establish a like for like assessment without formally making an application to the CMS (provided the information inputted in accurate and a true reflection of the circumstances) is to use the online CMS calculator using the following link:
https://www.gov.uk/calculate-child-maintenance
Requesting a Variation
If the standard calculation doesn’t reflect the full financial picture, either parent can ask for a variation and this can be done at any time. Common reasons include:
- Undeclared income (e.g. dividends, rental income, savings)
- Assets over £31,250 that could generate income (not including the main home)
- Special expenses, such as costs linked to maintaining contact (e.g. long-distance travel), repaying certain debts from the relationship, or mortgage payments on the child’s home (if not legally the payer’s responsibility)
The CMS must consider whether a variation is “just and reasonable”, based on the facts.
Mandatory Considerations
This is the pre-requisite step required in order to appeal a CMS decision. When assessing child maintenance, the CMS must also consider:
- Shared care: Overnight stays reduce liability.
- Other children: In the paying parent’s household.
- Changes in circumstances: Such as job loss, new children, or custody shifts.
Note: While child benefit is a key indicator, it’s not conclusive. Where there’s a dispute over who provides more day-to-day care, this may be better resolved on appeal.
Challenging a CMS Decision
If you disagree with the CMS’s calculation or refusal to apply a variation, there are two main stages:
- Mandatory Reconsideration: Request this within 30 days of the decision letter (either initial assessment decision or variation decision).
- Appeal to the First Tier Tribunal: Must be made within one month of the reconsideration outcome. The tribunal can investigate the finances in detail, call for disclosure, and include a financial expert if needed.
Appeals can take time, so it’s important to seek early advice.
If you’re still unhappy after the tribunal, a further appeal can be made to the Upper Tribunal, but only on legal grounds, for example, if the law was misapplied or the decision was irrational.
What If the Paying Parent Is High-Earning?
The CMS only assesses income up to £3,000 per week (£156,000 per year). If the non-resident parent earns more than this, a Schedule 1 claim may be appropriate.
What Is a Schedule 1 Claim?
Schedule 1 of the Children Act 1989 allows parents (typically those who were never married) to apply to the family court for additional financial provision for a child. This might be appropriate when:
- The non-resident parent is high-net-worth
- The child has exceptional needs (e.g. disability, private education)
- The CMS cannot make an award (e.g. the parent lives abroad or has made a maximum assessment) and you need to apply under Schedule 1 for a ‘top-up’ order (see below).
Claims can be brought by parents, step-parents, guardians, and even adult children in some circumstances (e.g. to cover university costs).
What the Court Can Order Under Schedule 1
The court can make a range of financial orders, including:
- Periodical payments: Regular payments to meet ongoing costs, including school fees or disability-related expenses.
- Lump sums: For one-off costs such as cars, furniture, educational needs, or equipment.
- Transfer of property: A home may be provided for the child’s benefit, with ownership reverting later.
- Trust funds: To manage long-term needs.
These claims are usually made when the child is still financially dependent, often continuing into further education.
How to Apply
Applications are made using Form A or Form A1, depending on the type of order sought. Before issuing, most applicants must attend a Mediation Information and Assessment Meeting (MIAM) unless exempt (e.g. due to domestic abuse).
Once proceedings begin, both sides will need to provide detailed financial disclosure, and the case will follow a structured court timetable.
Key Points on Schedule 1
- It’s available even for short relationships or one-off encounters
- Designed to meet the child’s needs, not to equalise lifestyles between parents
- May include help with legal costs, especially if the applicant can’t afford to bring the claim
Top-Up Orders
If the CMS has assessed the maximum amount (based on £3,000 per week before tax but after pension contribution), the court can decide whether an additional “top-up” is appropriate. Judges have wide discretion, but any additional award must still reflect the child’s reasonable needs.
Out-of-Jurisdiction Cases
If either the child or the paying parent lives outside the UK, the CMS cannot usually assist. In those cases, the family court will have full jurisdiction to determine maintenance.
The “Millionaire’s Defence”
In cases involving extremely wealthy parents, some attempt to avoid disclosure by arguing they can meet any reasonable award. This is known as the “millionaire’s defence”, though courts typically still require financial transparency.
What About Legal Costs?
Unlike most family proceedings, Schedule 1 cases do not follow the “no order as to costs” rule. The court may order one party to contribute to the other’s legal costs, particularly if they have significantly greater financial resources.
Get In Touch
Jodi Tuson is an Associate Solicitor and Alex Goldrein is an Associate Partner in our expert family team. They specialise in child maintenance, child arrangements, financial arrangements and parental rights.
Want to learn more? Jodi and Alex went live on Instagram to give a whistle-stop tour of what you need to know about CMS, explaining the process and debunking common myths. Watch the full video here.
If you’d like to speak to one of our experts, call 03300 297 347 or fill out our online contact form.
