Understanding Child Maintenance in the Event of a Divorce
If you and your partner are filing for divorce and you have kids, settling child maintenance is one of the most important parts of the process. However, it’s crucial to understand the different types of child arrangements. Plus, how much you will need to pay following the dissolution of your marriage.
What is child maintenance?
Child maintenance refers to the financial agreement between two parents. It states how a child’s living costs will be paid for when one of the parents no longer lives with them.
You must have a Child Arrangement Order if your child is under 16 (or under 20 if they are still in full-time education).
Child maintenance and divorce
Regular child maintenance payments should be made when the parents no longer reside together in the same household. Both parents are responsible for financially supporting the child, even if one parent decides not to have a relationship with their child.
In some cases, both parents may take ‘joint custody’ of the child. This is where the child stays overnight with the paying parent. If this happens more than once a week, this can affect how much that parent pays for child maintenance. Or, if the child spends an equal amount of time with both parents, child maintenance may not be payable.
There are other instances where an individual will not have to pay child maintenance. This refers to those who are full-time students with no income or in prison.
How to arrange child maintenance
There are three options when it comes to arranging child maintenance with your ex-partner:
- Private arrangement: You can both make any arrangement you like for child maintenance, provided that you both agree to the terms. However, this arrangement will not be legally binding.
- Child Maintenance Service (CMS): This government-run service will calculate your child maintenance for you if you and your ex are struggling to agree. This service can also collect any payments and notify of any late payments, too.
- Court: The court can help deal with more complicated and unusual situations. And, court orders can turn once voluntarily agreed arrangements into legally binding ones, if required.
How much child maintenance will I need to pay?

Several factors determine how much child support you’ll need to contribute. This includes your income, how many children you have, and how much time you spend with them.
The government has a helpful online child maintenance calculator to give you a rough estimate of how much you could be paying.
If you are in the process of arranging child maintenance, seeking the help of a children’s solicitor will offer you the support and guidance you need during this difficult time. Expert family lawyers are well-equipped to handle cases like yours and will treat each case with professionalism and care.
If you are struggling with divorce you can get help for yourself with support groups or speaking to a therapist.
