How Child Maintenance and Contact Works: A Guide for Separating Parents

When parents separate, they need to resolve how parenting time is split, as well as child maintenance.

When negotiating child contact and child maintenance, some parents don’t realise that the more contact they agree to or the court orders, the less they will receive in child support payments. That’s why it is essential that parents understand how child support and contact work before they finalise their financial settlement or agree to a parenting plan.

In this blog, family law solicitor Angelique Holm explains how child maintenance and contact work. If you need advice on your situation, call HopeHolm Family Law in London on 0203 488 8620 or email info@hopeholm.co.uk.

Child maintenance

Child maintenance, or child support, is the financial support a parent pays to the other parent of their child.

Child maintenance can be paid after:

An agreement is reached between the parents.
An assessment by the Child Maintenance Service.
A court order.

Parent agreed child support

It is normally preferable for parents to reach an agreement on child support rather than ask the CMS to conduct an assessment or ask the court to make an order, but parents need to know:

How much the CMS will assess the liable parent to pay in child maintenance before they agree on a figure.
How contact can affect the amount of child support.
How the payment of child support (or lack of child support) could affect housing plans and affordability, and either the property settlement (unmarried partners) or divorce settlement (married parents or parents in a civil partnership).

It is crucial for parents to get joined-up child support, contact and property/financial family legal advice before reaching an agreement on child support.

The Child Maintenance Service

The Child Maintenance Service (CMS) is tasked with assessing and collecting child maintenance. However, parents can:

Reach their own agreement on child support, or
Ask the CMS to calculate the amount to be paid and then agree to receive direct payments from the other parent, rather than receive maintenance via the CMS collection service.

Court ordered child support

The courts in England and Wales have limited jurisdiction to order child maintenance because the CMS has jurisdiction in most situations.

The court can order child support for:

Payment of private school fees.
Stepchildren.
Extra financial settlement for children with disabilities to help pay for the extra costs associated with the disability.
Top up child maintenance where the CMS has carried out a maximum assessment under their rules.

CMS calculation of child maintenance

The CMS uses a statutory formula to calculate child maintenance. To work out the amount payable, the CMS considers:

The paying parent’s gross weekly income.
The paying parent’s pension contributions.
How many children the paying parent is paying child support for.
How many nights the child/ren stay with the paying parent.
Whether the paying parent supports other children in their household.

The CMS uses a sliding contact scale. This means the more overnight care a parent has with their child, the less child maintenance they pay.

If care is equally shared between the parents, the CMS rules say that no child support is payable.

How overnight contact affects the amount payable in child support

The CMS maintenance formula reduces the maintenance based on the number of nights the child stays with the paying parent each year:

Overnight contact Reduction in child support

52 nights a year 1/7th

104 nights a year 2/7ths

156 nights a year 3/7ths

175 nights a year 50%

It is important to keep a contact record as the contact may change depending on the child’s needs or parental commitments.

Key points on contact and child support:

The key points on contact and child support are:

Contact must be overnight to count towards the total nights per year.
Holidays count towards the annual contact figure.
Parents should keep a record of overnight contact visits in case there is a dispute.
If parents reach a voluntary agreement, they can decide to ignore the CMS contact rules when deciding on the amount of financial support payable.
If parents ask for a CMS assessment, the CMS applies the formula and makes a reduction in the amount payable, even though the parent with care has the same outgoings (mortgage or rent, heating and council tax), whether the child stays overnight with their other parent on no nights or 174 nights per year.

Key points on child maintenance

If parents can’t agree on child maintenance, the CMS can be asked to carry out an assessment to decide how much should be paid. A parent can also ask the CMS to collect payment. The CMS charges for its collection service.
The CMS formulaused to calculate child maintenancedoes not consider the outgoings of either parent or the receiving parent’s income when determining how much child support is payable.
If parents co-parent and share the care of their children, child support is not payable under CMS rules. That applies even where there is a big income disparity between the two households.
The amount a parent pays in child maintenance can change if there is a new CMS assessment – depending on whether there are any changes to the paying parent’s income, pension contributions, children in their household or the amount of overnight contact they have with their child.
The parent paying child support cannot dictate how the other parent spends the maintenance.
If a parent does not have parental responsibility or chooses not to see their child, they are still liable to pay child maintenance.
If a parent fails to pay voluntary child maintenance, court-ordered, or CMS assessed child support, the other parent should not stop contact between parent and child because the court does not link contact with payment of financial support.

Disputes over contact

The link between overnight contact and the amount payable in child support can make it hard for parents to reach an amicable agreement over parenting time with their child because:

One parent may think that the other parent is only requesting 50/50 care, so they will not be liable to pay child support, and not because they have their child’s best interests at heart.
A parent may be objecting to overnight contact on 104 nights per year or 156 nights per year to ensure they receive more in child support.
If the contact time goes down, or if the parent paying the child support has another child, then the child support payments may go down.
If an older child does not want contact with the parent paying child support, the parent may blame the other parent for encouraging no-contact because of the impact on child maintenance.

Resolving contact disputes

If parents cannot reach an agreement on contact and parenting time, and have attempted family mediation, either parent can apply to the court for a child arrangement order.

When making a child arrangement order, the court will focus on whether the parenting order is in the child’s best interests, rather than on how contact will affect child support payments.

Legal advice on child contact and child maintenance

It can be hard to reach an agreement on parenting time and child support when emotions arerunning high or when you are worried about money after separating from your partner. Early family law legal advice can help you to:

Understand your legal rights.
Explore alternative dispute resolution options to reach an agreement without needing to go to court.
Understand the connection between shared parenting or overnight contact and the CMS assessment process.
Assess whether you can apply to the court for additional financial support, such as top-up child support, child maintenance to pay for the additional costs associated with a child‘s disability or spousal maintenance.
Structure a financial settlement that includes the family home, lump sum payment and pension provision, in the knowledge that payment of child support could go up or down.

Contact Angelique Holm at HopeHolm

Angelique Holm provides calm, tailored legal advice on child support, contact and all the other areas of family law that you may need expert advice on, such as:

Relocating with your child in the UK or overseas.
No-fault divorce proceedings.
Negotiating a financial settlement after a divorce.
Converting a mediated agreement into a financial court order.
Resolving property disputes and housing claims in unmarried partner disputes.

Angelique is here to help you navigate your way through the complex aspects of family law to find a parenting time arrangement, child support and financial settlement package that works for your family.

For advice on child contact arrangements or child maintenance, call HopeHolm Family Law in London on 0203 488 8620 or email info@hopeholm.co.uk.

If you are questioning whether you need to instruct a family law solicitor to help you with your divorce, childcare dispute, child maintenance or financial settlement negotiations, here is the feedback from one recent client:

‘’Angelique remained calm, reassuring, and consistently empathetic. She took the time to listen, understand my concerns and guide me through each step with clarity and patience. She was there in my lowest when I needed her the most. I never felt like just another case as she treated me with compassion and respec which made a significant difference during such a difficult period. She was firm and strategic when it mattered most yet always mindful of the emotional impact the situation had on me and my child. She never never sugar coated my situation she was honest prioritising my child best interest first .This combination gave me confidence not only in the outcome of my case but also in my ability to get through it. If you are going through a challenging divorce, especially one involving children, having someone like her on your side is invaluable! Thank you so much Angelique & Team !’’

Click here to read more reviews.

To speak to Angelique Holm, call HopeHolm Family Law in London on 0203 488 8620 or email info@hopeholm.co.uk.

Anita M

During one of the most difficult and overwhelmingly challenging time of my life, Angelique was the right kind of straight talking, to the point, and no nonsense, say it like it is kind of lawyer....the kind I needed in my corner. It was reassuring to have someone who understood what was fair and reasonable and fought for it with you. You will never need to follow up either via emails or calls. And she's just a call away anytime you need her. Can't recommend her enough.

Alan Samuel

I generally can not believe how stressful a divorce can actually be. But after years of anticipation I finally retained my life back thanks to the Hopeholm Family Law team, especially Angelique who guided me every step of the way through the mind field of processes and hoops to jump through - Thank you!

Rabil asad

I can’t thank Angelique enough for everything she’s done for me. From the very start she was calm, honest, and completely straight-forward — no sugar-coating, no false promises, just clear and realistic advice every step of the way. She guided me through one of the toughest times of my life with real professionalism and empathy. Angelique tells you things exactly as they are, but in a way that gives you confidence and direction. Her preparation, attention to detail, and dedication are second to none. Because of her guidance and hard work, I’ve now achieved a fair 50/50 outcome and peace of mind for my son’s future. If you want a solicitor who genuinely cares, fights for what’s right, and has a no-BS approach, Angelique is the one you want in your corner. — Rabil A

sue

I cannot thank Angelique enough for her support, advice and guidance throughout my divorce journey. Angelique was there to explain the legal jargon and what the next steps were along the way with emails, texts and phone calls. She always responded with compassion and understanding of the emotional rollercoaster I was on, I always felt she understood and that I was a person and not just a client. I was recommended Angelique and I too recommend her. Thank you again Angelique for your knowledge, support and guidance, its been a journey for us both!

Deepali Mehra

I had a great experience working with Angelique on renegotiating a financial consent order. She was approachable, clear, and responsive throughout — exactly what I needed during a process that could’ve been overwhelming. She helped me explore different options without pressure, and her explanations made everything easy to understand. We even managed to laugh along the way, which made a real difference. Highly recommend her for anyone wanting a solicitor who’s both professional and down-to-earth.

Jat Dhaliwal

Hopeholm helped me with my case over a year with numerous issues. Angelique provided prompt advice and service throughout. She has gone above and beyond for me and the end result was one I am happy with. Wholehearted recommendation from me for any family law matters.

Anonymous

Angelique (HopeHolm) is an exceptional solicitor with a heart of gold. Her dedication goes beyond just providing legal expertise—she truly cares about her clients and their families. Compassionate and understanding, she takes the time to listen, support, and fight for the best outcome. Her kindness, combined with her professionalism and knowledge, makes her not only a remarkable solicitor but also someone you can trust during the most challenging times. She isn’t just focused on the financial aspect but genuinely prioritizes the well-being of those she represents. Don't hesitate to instruct Angelique to be your solicitor, you won't regret it.

Elsa Franca

After being with other solicitors on my lengthy 3 years court case, I was recommended to Angelique by my barrister. She had to untangle my case which was quite complicated. She worked diligent and strenuously. In the end and for everyone's surprise, she was able to reach a settlement using her expertise, dedication and professionalism. She worked hours on end putting always my children's and my best interest at heart. I can't stress enough how helpful Angelique was! This case put so much financial, emotional and mental strain on me. Angelique was a God sent gift! She is not a common solicitor, she does make a difference! I most HIGHLY recommend her for her professionalism, honesty and unique desire to solve your case as much as you do! I am forever grateful to Angelique and I wish her all the very best in this world!

Fathiya Ali

I cannot thank Angelique enough for her unwavering support and relentless fight for my ongoing child custody case. From the very beginning, she has been more than just a solicitor—she has been a massive support during one of the most difficult times in my life. Her dedication has gone far beyond office hours. She truly cares, not just about my case but about me as a person. Her empathy and compassion are evident in every conversation, as she always checks in on me, listens to my worries—reassuring me throughout this process. Unlike any other solicitor, she provides a truly human experience, going above and beyond to ensure I feel supported and heard. I wholeheartedly recommend her to anyone in need of legal help—she is exceptional in every way.

Sunny Sharma

I strongly recommend Angelique Holm’s Solicitors firm, HopeHolm, for anyone seeking expert legal advice and representation. Her deep knowledge of divorce and family law is matched by her ability to explain complex legal concepts in a clear and approachable manner. Angelique took great care and time to understand my predicament and circumstances, particularly as it came as a sudden shock, but she was able to offer her expertise to achieve the best possible outcomes. Throughout my experience with Angelique, I was consistently impressed by her professionalism, responsiveness, and dedication. Her attention to detail, meticulous preparation, and ability to anticipate potential challenges gave me complete confidence in her abilities. Angelique also demonstrate great empathy and understanding, making the legal process less stressful and more manageable than it could have been in different circumstances. Whether you need advice, negotiation skills, or representation in court, Angelique offers unparalleled expertise and a client-focused approach that ensures you are in capable hands. I would not hesitate to recommend her to anyone in need of reliable and trustworthy legal support services. I am deeply grateful for Angelique & HopeHolm's dedication and advise in my contentious and laboured divorce procedure. Many thanks indeed Angelique.