No. Divorce itself does not automatically create a Child Maintenance Service case. Parents can make their own private arrangement if they agree, or either parent can apply to the CMS where appropriate.
No. If both parents agree, they can make their own private child maintenance arrangement. If they cannot agree, or a private arrangement is not working, the CMS may be an option.
Yes. You do not need to have been married or in a civil partnership to use the Child Maintenance Service. Child maintenance can apply when parents have separated or were never in a relationship.
Yes. If both parents agree, they can make a private arrangement about how much will be paid and how payments will be made. It can be useful to keep the agreement and payment records in writing.
No. Child maintenance deals with financial support for the child. Decisions about where a child lives and how much time they spend with each parent are separate child arrangement matters.
Child maintenance and contact with a child are separate issues. A parent can have regular contact with their child and still be required to pay child maintenance. The amount can be affected by certain shared-care arrangements. Use our free CMS calculator →
Changes to the number of nights a child stays with each parent can affect the child maintenance calculation in some circumstances. You should tell the CMS when the living arrangements change and provide supporting evidence where required. Use our free CMS calculator →
Not automatically. The CMS considers the child's day-to-day care and the number of overnight stays when considering shared care. Having the same number of overnight stays does not by itself determine who is treated as the main carer. Use our free CMS calculator →
A change in where the child mainly lives can affect who is treated as the main carer and may affect child maintenance. The CMS should be told about the change as soon as possible. Use our free CMS calculator →
The CMS looks at the actual day-to-day care arrangements when deciding who is the main carer. If both parents begin sharing care differently, the change should be reported to the CMS so it can consider the circumstances. Use our free CMS calculator →
A financial agreement following divorce can include arrangements for child maintenance. Depending on the circumstances, an agreement may be recorded in a court-approved consent order. The rules around court orders and CMS arrangements can be different, so check the position that applies to your case. Use our free CMS calculator →
If a private arrangement is no longer working, the parents can try to resolve the problem or consider whether the CMS is appropriate. Keep records of the agreement and payments that have been made. Use our free CMS calculator →
If you cannot reach a private agreement, you may be able to apply to the Child Maintenance Service. The CMS can calculate the amount of child maintenance and, depending on the arrangement, can collect payments. Use our free CMS calculator →
Starting a new relationship does not automatically end or change a child maintenance arrangement. However, changes to the paying parent's circumstances can sometimes be relevant to a CMS calculation, so any changes that the CMS requires you to report should be reported. Use our free CMS calculator →
Tell the CMS about relevant changes as soon as they happen. This can include a change in who provides most of the child's day-to-day care or a change in the number of nights the child stays with either parent. Keep evidence of the new arrangement where possible. Use our free CMS calculator →
Yes. Child maintenance concerns financial support for the child, while child arrangements concern matters such as where the child lives and how much time they spend with each parent. They can be discussed at the same time, but they are separate matters.