If you are finding it hard to get an ex-partner to pay child maintenance, there is good news. The new child maintenance law 2025 gives stronger powers to ensure parents pay what they owe. These changes make it faster and easier for families to get the financial support they need. In this guide, we explain the law changes, how they work, and what you can do to make sure your children are supported.
What Has Changed With Child Maintenance Law UK?
The child maintenance law in the UK has changed to make enforcement stronger and quicker. Under the new child maintenance law 2025, the government can now act faster to collect unpaid child maintenance payments. Some of the key changes are:
- The DWP can use a liability order to get money without going through long court processes
- Tougher actions for parents who do not pay, including forced property sales, taking away passports, or revoking driving licences
- Quicker measures to prevent arrears from growing
These tougher sanctions are part of a ‘quick and simple administrative process’, designed to avoid lengthy court proceedings and make enforcement more efficient.
These reforms follow recommendations from the Government White Paper, which highlighted that the old Child Support Agency (CSA) often failed to deliver for families. The new laws also address previous child maintenance loopholes in 2024, ensuring resident parents can reliably receive child maintenance.
The CMS replaced the CSA in 2012 after the CSA was criticised for failing to deliver for both parents and children. Despite this change, a 2022 Public Accounts Committee review noted that the CMS still faced challenges with arrears, with unpaid maintenance under Collect & Pay increasing by over £1 million a week, projected to reach £1 billion by 2031.
How Will Enforcement Work?
The Child Support (Enforcement) Act makes it easier to collect unpaid maintenance. The CMS can now:
- Take money straight from the paying parent’s income
- Take money directly from bank accounts
- Go to court using a liability order if necessary
This means families can finally receive financial support without waiting weeks or months. The CMS also tracks missed payments more closely, which helps reduce arrears and ensures children get the amount of child maintenance they are entitled to.
What About Domestic Abuse?
The law also helps in cases involving domestic abuse. The Child Support Collection (Domestic Abuse) Act 2023 gives the CMS new powers to act when there is coercive control or financial abuse. The CMS can use the Collect and Pay system, which means the receiving parent does not have to deal directly with the abusive parent.
Dr Samantha Callan, an expert in domestic abuse, said:
“As well as violence, there is now legal recognition that domestic abuse includes financial and other forms of coercive control which can continue to play out – or be initiated – after parents separate. My review highlights the pressing need for the Child Maintenance Service to help protect its clients from all forms of abuse and be aware that these can be perpetrated by the receiving as well as the paying parent.”
This ensures that resident parents are not left without financial support, even in challenging situations. Currently, the Collect and Pay system is already being used by around 37% of parents who access the CMS, showing its effectiveness in safeguarding payments in cases involving abuse.
Frequently Asked Questions
What Is the CMS and How Does It Work?
The Child Maintenance Service (CMS) replaced the CSA in 2012. It calculates and collects child maintenance payments based on:
- Paying parents’ income
- Number of children
- Shared care and number of nights with each parent
- Day-to-day care responsibilities
The CMS also has powers like liability orders to make sure maintenance due is paid. Understanding how to arrange child maintenance through the CMS is essential for resident parents who rely on consistent payments.
The evolution from CSA to CMS came after nearly three years of review and reform, aiming to improve enforcement and reliability of payments. The CMS continues to refine its approach based on feedback and government recommendations.
If you need additional legal guidance on custody, visitation, or financial arrangements, a child law solicitor can also advise on child arrangement orders to formalise time with children and ensure payments are fair.
When Does CSA Payments Stop?
Parents often ask when CSA stops, when CSA payments finish, when CSA payments stop paying, or at what age maintenance payments stop.
- Typically, child maintenance payments continue until the child is 16
- Payments can continue up to 20 years if the child is in full-time education or training
- Exceptional cases, like Schedule 1 Children Act applications, can change this
Understanding paying CSA obligations helps parents plan and make sure children continue to get financial support.
How Long Do I Have to Pay Child Maintenance?
Many parents wonder how long they have to pay child maintenance.
- Payments usually continue until the child reaches adulthood
- Court orders or CMS calculations can set the exact end date
- Private family-based arrangements can also adjust timelines
These new rules reflect the latest child maintenance changes 2024, helping ensure payments are fair and reliable.
What Maintenance Options Are There?
Parents can choose from different maintenance options:
- Direct Pay: Parents agree privately
- CMS Collect and Pay: CMS collects and passes on payments
- Court Orders: Legal enforcement if voluntary arrangements fail
Choosing the right maintenance option ensures children get the amount of child maintenance they need. These arrangements are beneficial for resident parents managing day-to-day care.
How Are Payments Calculated?
A child maintenance calculation considers:
- Gross weekly income of the paying parent
- Number of children
- Shared care and the number of nights spent with the child
- Additional maintenance amounts, including school fees, where applicable
For low-income parents, a flat rate may apply. These CMS calculations help ensure payments are fair and that children receive consistent financial support.
What Happens If Payments Are Missed?
If child maintenance payments are missed, the CMS can take enforcement action:
- Deducting from wages or bank accounts
- Legal proceedings using a liability order
These measures prevent arrears from accumulating and make it easier for resident parents to receive child maintenance.
How Does Domestic Abuse Affect Maintenance?
The CMS recognises cases involving domestic abuse. If a parent experiences economic abuse or coercive control, they can use the Collect and Pay system to get support safely. This ensures resident parents can access financial support without facing further abuse.
Can I Apply to the Courts or the CMS?
Parents can apply to the CMS for standard child maintenance arrangements or apply to the courts for disputes, Schedule 1 Children Act applications, or complex cases. Holland Family Law can advise on the best route to ensure children get the financial support they need.
Shared care means the child spends time with both parents. Payments can be adjusted based on day-to-day care and the number of nights. Private family-based arrangements are an option, but making them official through CMS, court orders, or Child Arrangement Orders ensures protection. Understanding the child maintenance process helps parents avoid confusion and ensure the correct amount of child maintenance is paid.
Holland Family Law Can Help?
Navigating child maintenance laws, including economic abuse, domestic abuse, and Schedule 1 Children Act applications, can be tricky. Holland Family Law can help with:
- Applying to the Child Maintenance Service
- Getting court orders or formalising private agreements, including child arrangement orders
- Ensuring enforcement action is taken and maintenance due is collected
- Advice from an experienced child lawyer for complex situations
If you are in Leicester or nearby areas such as London, Derby, Nottingham, Northampton, Lincoln, Loughborough, and Birmingham, we can guide you through every step.
Please note: The 2025 law changes apply across England and Wales, while Scotland will implement its own separate regulations. These reforms aim to ensure faster payment and stronger enforcement so parents and children are not left waiting for financial support.
Book your Free No-Obligation 30-minute consultation today – Expert Legal Support is just a call away.
Reach us on 0116 4362170 or at claire@hollandfamilylaw.co.uk for confidential, practical advice from our family lawyers
