Child Maintenance Solicitors based in Dorset, Hampshire, Wiltshire and London
When parents separate, making sure children are properly provided for financially is what matters most. Whether you are arranging payments, challenging an assessment, or pursuing further support through the courts, our family solicitors are here to help. Our child maintenance solicitors advise separated parents across Southampton, Salisbury, Bournemouth, Winchester, Poole, and London on every aspect of child maintenance.
Speak to our child maintenance solicitors on 0800 2800 421 or via our online enquiry form.
What is child maintenance?
Child maintenance is a regular payment made by the parent who does not have primary care of a child to the parent who does. The payments are designed to contribute to the everyday costs of raising a child: food, clothing, housing, and general living expenses.
Child maintenance is governed by the Child Maintenance Service (CMS) and sits outside the jurisdiction of the family court in most cases. It applies to all separated parents, regardless of whether they were married, in a civil partnership, or never lived together. The length or legal status of the relationship has no bearing on the obligation to pay.
What our child maintenance solicitors can help with
Child maintenance covers more than simply agreeing a monthly payment. Our family solicitors advise on the full range of issues that arise for separated parents, including:
Understanding your child maintenance obligations
Child maintenance is payable whenever parents live apart and one parent has primary care of the child. It applies regardless of whether the parents were married, in a civil partnership, or never lived together. Our solicitors can explain what you are entitled to, or what you are expected to pay, and help you understand how the rules apply to your situation.
CMS calculations and agreements
The amount of child maintenance payable is set by a statutory formula, which takes into account the paying parent’s income and how much time the child spends with each parent. Many parents use the CMS online calculator to reach an agreement without needing a formal assessment. Where agreement is not possible, either parent can apply to the Child Maintenance Service directly. Our solicitors can help you understand the calculation and, where appropriate, negotiate an arrangement that works for both sides.
Disputing a CMS assessment
If you believe a CMS assessment is wrong, there is a formal appeals process through the First-tier Tribunal. These proceedings can be lengthy and technically complex. Taking specialist legal advice before pursuing an appeal is strongly recommended, as the rules are strict and the process unforgiving if approached without proper preparation.
Top-up orders and court applications
Where the paying parent earns above the CMS income cap, currently £156,000 gross per year, the family court has jurisdiction to make a top-up order to ensure children receive appropriate financial support. The court can also make additional orders where children have educational costs, costs associated with a disability, or where further provision is needed under Schedule 1 of the Children Act 1989.
How the child maintenance process works
Whether you are applying to the CMS or pursuing a court order, knowing what to expect at each stage helps.
- Get advice
Before making any applications, speak to a family solicitor. Understanding your options and which route is most appropriate for your situation can save significant time and cost further down the line.
- Try to reach an agreement
Where possible, a voluntary arrangement between parents is the simplest outcome. Many parents use the CMS online calculator to agree a figure without needing a formal assessment. If both parties agree, no CMS application is needed.
- Apply to the CMS
If agreement cannot be reached, either parent can apply to the Child Maintenance Service for a formal assessment. The CMS will calculate the amount payable based on the paying parent’s income and the amount of time the child spends with each parent.
- Challenge the assessment if necessary
If you believe the CMS assessment is incorrect, you can request a mandatory reconsideration before appealing to the First-tier Tribunal. Legal advice at this stage is strongly recommended.
- Consider a court application
Where the paying parent earns above the CMS income cap, or where additional costs such as school fees or disability-related expenses apply, a court application may be appropriate alongside or instead of the CMS process.
Why choose Trethowans for child maintenance
Recognised expertise
Trethowans is recommended as a top-tier firm in both the Legal 500 and Chambers and Partners guides. Our family solicitors are ranked among the best in the region, with a track record of securing fair financial outcomes for clients across Southampton, Salisbury, Bournemouth, Winchester, Poole, and London.
Straightforward advice from the start
Child maintenance can quickly become complicated, particularly where income is disputed, the CMS cap applies, or court proceedings are necessary. We cut through the complexity and give you clear, practical advice on where you stand and what to do next.
Committed to resolving disputes constructively
Our family team includes members of Resolution, the national organisation committed to resolving family disputes in a constructive and non-confrontational way. Grant Cameron, Partner, previously served as National Chair of Resolution. Where children are involved, we keep their welfare at the centre of everything we do.
Speak to our child maintenance solicitors today
Whilst the CMS is intended to provide clarity and simplicity, the position is not always clear-cut. Our specialist child maintenance solicitors can advise on appropriate financial provision for children and take you through the process of securing payment, either through the CMS or, where appropriate, the family court.
Meet us in person
We have offices across the south of England and a base in London, making it straightforward to meet a family law solicitor face to face. You can find us in Bournemouth, Poole, Salisbury, Southampton and Winchester, with London appointments available on request.
Get in touch
Call us today on 0800 2800 421 or make an enquiry online to arrange your free initial consultation.
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Frequently asked questions about child maintenance
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Child maintenance is calculated using a statutory formula based on the paying parent’s gross weekly income. The basic rates are 12% of gross income for one child, 16% for two children, and 19% for three or more children. The amount can be reduced depending on how many nights the child spends with the paying parent. The government’s online CMS calculator is a useful starting point, though it does not account for more complex situations, in which case specialist advice is recommended.
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Child maintenance through the CMS will end when your child leaves education or training, or turns 20 years old – whichever happens first. Payments do not stop automatically if you remarry, or if the receiving parent’s income changes.
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There is no set definition to confirm what child maintenance should cover. Child maintenance is typically intended to contribute to a child’s everyday living costs: food, clothing, and housing. Where parents cannot agree how much child maintenance should be paid, a solicitor can help reach a workable arrangement, or the family court may be asked to order additional financial provision under Schedule 1 of the Children Act 1989.
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A family-based arrangement is a voluntary agreement between parents on how much child maintenance will be paid. It is flexible and free to set up, but it is not legally enforceable. A CMS assessment is a formal calculation carried out by the Child Maintenance Service, which can be enforced if payments are not made. Where parents can agree, a family-based arrangement is often the simpler route, but if there is conflict or a history of non-payment, a CMS assessment provides more protection.
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If a paying parent fails to meet their child maintenance obligations, the CMS has significant enforcement powers. These include deducting payments directly from wages or bank accounts, instructing bailiffs, and in serious cases, taking court action which can result in a driving ban or a prison sentence. If you are struggling to recover payments, a family solicitor can advise you on the fastest and most effective route.
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Yes. If the paying parent’s income increases or decreases significantly, either parent can request a reassessment through the CMS. Changes to how much time the child spends with each parent can also affect the amount payable. It is important to act promptly, as child maintenance is generally only payable from the date a new application or review is made, not backdated to when circumstances first changed.
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Child maintenance is not normally backdated. Payments are generally calculated from the date an application is made to the CMS, which is why timing matters if your situation changes. There are limited exceptions, and a solicitor can advise whether any backdating applies in your circumstances.
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Self-employment can make child maintenance calculations more complex, as income can be harder to verify. The CMS will assess income based on tax returns, but where figures appear to be understated, it is possible to challenge the assessment. Legal advice is strongly recommended in these cases.
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Yes, in certain circumstances. If the paying parent earns above the CMS income cap, currently £156,000 gross per year, the family court can make a top-up order. The court can also make additional orders where a child has educational costs, costs related to a disability, or where further financial provision is needed under Schedule 1 of the Children Act 1989.
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