# Child maintenance: CMS statutory scheme overview

> **Key takeaway:** CMS statutory scheme under Child Support Act 1991. Gross income formula + shared care. Direct Pay vs Collect & Pay. Limited court top-up/Sch 1 alongside. Check current rates. Enforcement via CMS tools.

- **Jurisdiction:** England & Wales
- **Practice area:** Family
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Family/child-maintenance-cms-overview
- **Keywords:** child maintenance, CMS, Child Support Act 1991, gross income, shared care, Schedule 1, Collect and Pay, child support

## What is this about?

Day-to-day child maintenance for most separated parents is calculated and enforced through the Child Maintenance Service statutory scheme rather than free-standing court periodical payments (with limited court residual jurisdiction). Gross income formulae and variations dominate practice.

## What is the core rule?

Under the Child Support Act 1991 framework as amended, the CMS calculates maintenance using gross weekly income bands and percentages by number of children, with reductions for shared care and other children in the household. Direct Pay and Collect & Pay services differ on fees and enforcement. Variations may address special expenses or additional income. Courts retain limited roles (e.g. consent orders in some circumstances, school fees top-ups, Schedule 1 capital claims for unmarried parents, high-income cases above the CMS cap via court top-up).

## What are the elements or test?

1. Does CMS have jurisdiction (parentage, child in UK, etc.)?
2. Gross income evidence and current formula inputs?
3. Shared care overnight counts?
4. Variation grounds?
5. Enforcement: Deduction from Earnings Orders, liability orders?
6. Any concurrent Schedule 1 / school fees application?

## Which authorities matter?

- **Child Support Act 1991 (as amended) and Child Support Maintenance Calculation Regulations** — Primary statutory calculation and enforcement framework — rates/formulae change; verify current regs.
- **Children Act 1989, Schedule 1** — Court financial provision for children, often used alongside or beyond CMS for capital/housing needs.

## How does this apply in practice?

Always check current CMS rates and fees on GOV.UK. Private family-based arrangements remain possible without CMS. Domestic abuse cases may need Collect & Pay for safety. Not a full enforcement manual.

## What are common pitfalls?

- Using outdated percentage tables
- Ignoring shared care reductions
- Assuming the court can freely rewrite CMS assessments
- Missing Schedule 1 for housing/capital needs of children of unmarried parents

## When would a practitioner use this?

First advice on child support quantum pathways; interfaces with Schedule 1 and consent orders.

## Quick reference

CMS statutory scheme under Child Support Act 1991. Gross income formula + shared care. Direct Pay vs Collect & Pay. Limited court top-up/Sch 1 alongside. Check current rates. Enforcement via CMS tools.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*