Do I Have to Pay Child Maintenance in the UK?

Is child maintenance legally required?

As a parent, you have a legal obligation to financially support your children. This applies whether you were married to the other parent or not, and regardless of your current relationship with your child.

However, whether the CMS formally calculates and enforces this depends on whether an application has been made. If both parents have agreed a private arrangement, the CMS is not involved.

When does the CMS get involved?

The CMS only gets formally involved when one parent applies. If the receiving parent applies and you're identified as the paying parent, the CMS will calculate an amount and you'll be required to pay it.

Are there exemptions from paying?

There are a small number of situations where child maintenance is not payable:

• The child lives with you full-time
• The child is over 16 and not in qualifying education
• The child is over 20
• You are on the nil rate (certain benefits, very low income)
• You are in prison (though you'll pay the flat rate when released if arrears exist)
• The child has been legally adopted by someone else
• You are not the legal parent (though parentage disputes must go through the courts)

Do I have to pay child maintenance after 18?

Only if the child is still in qualifying full-time non-advanced education or training and is under 20. Once they finish education or turn 20 (whichever is earlier), you are no longer required to pay through the CMS.

However, the CMS does not automatically close your case - you or the other parent will need to inform them of the change.

What if I dispute paternity?

If you dispute being the child's parent, you can challenge this - but you must do so formally. The CMS will pause the case while paternity is established. DNA testing can be requested through the courts.