Child maintenance is one of the most searched family law topics in Scotland, and one of the most misunderstood. The core system — the Child Maintenance Service — is UK-wide, but Scots law adds its own layer: children over 12 can apply in their own right, and young people in education can claim support well beyond the CMS cut-off.
Here are the questions parents ask most, answered for Scotland.
Who has to pay child maintenance?
The parent the child doesn’t mainly live with (the “paying parent”) pays the parent or carer the child lives with. The obligation doesn’t depend on marriage, on being named on the birth certificate, or on having contact — it follows from being the child’s parent. Maintenance is the child’s entitlement, so a parent cannot bargain it away, and contact and maintenance are legally separate: one cannot be withheld to enforce the other.
How much will the CMS calculate?
The Child Maintenance Service uses the paying parent’s gross weekly income (from HMRC records, before tax but after pension contributions). At the “basic rate”, which covers most earners, the calculation is approximately:
- 12% of gross weekly income for one child;
- 16% for two children;
- 19% for three or more.
Lower percentages apply to income between £800 and £3,000 a week, reduced and flat rates apply to low incomes and most benefits, and income above £3,000 a week is outside the CMS entirely (see the court top-up question below). The calculation also deducts for other children living in the paying parent’s household.
Does shared care reduce the payment?
Yes. Overnight stays with the paying parent reduce the liability in bands: broadly one-seventh off for 52–103 nights a year, two-sevenths for 104–155, three-sevenths for 156–174, and half plus a further deduction where care is essentially equal. Where care is genuinely 50/50 and both parents are equally responsible day-to-day, there may be no CMS liability at all. Keep a record of the actual pattern — disputes about overnights are among the most common CMS arguments.
Do we have to use the CMS?
No — and most separated parents don’t. A family-based arrangement (a private agreement, ideally recorded in writing or within a Minute of Agreement) is free, flexible, and can cover things the CMS can’t, like school trips or clubs. The CMS exists for when agreement fails: either parent can apply, and the service can calculate only (“Direct Pay”) or collect and enforce (“Collect & Pay”, which carries collection fees for both sides). Enforcement powers include deduction straight from earnings.
We put maintenance in our Minute of Agreement — is that final?
Not permanently. This catches many people out: however carefully child maintenance is set in a registered Minute of Agreement or court order, after 12 months either parent can apply to the CMS, and the CMS calculation then replaces the agreed figure. Solicitors draft around this reality — for example by building in reviews — but no private agreement can lock out the CMS beyond that first year.
Can my child claim maintenance themselves?
In Scotland, uniquely in the UK, a child aged 12 or over can apply to the CMS in their own right. And under the Family Law (Scotland) Act 1985, a young person aged 18 to 25 who is “reasonably and appropriately” undergoing education or training can raise a court action for aliment against a parent themselves — the route by which students can seek support with university years, which the CMS doesn’t cover.
What if the paying parent is a high earner?
The CMS maximum assessment stops at gross income of £3,000 a week. Above that, the receiving parent can apply to the court for a top-up award of aliment. Courts can also order additional amounts for school fees and for the extra costs of a child’s disability. If the paying parent’s lifestyle is visibly out of step with their declared income, ask about variations — the CMS can take account of unearned income and certain assets.
When does child maintenance stop?
CMS liability normally runs until the child is 16, or up to their 20th birthday while they remain in full-time non-advanced education (school-level, not university) or approved training. Private arrangements can — and often should — continue longer, and the Scottish aliment route above can extend support to 25 for students. Maintenance also ends if the child goes to live with the paying parent, who may then become the recipient instead.
What should I do if payments just stop?
If you have a family-based arrangement, there’s nothing to enforce directly — your route is to apply to the CMS for a calculation. If you’re on Direct Pay, report the missed payments and ask to move to Collect & Pay, where the CMS can deduct from earnings or bank accounts and pursue arrears. If maintenance is in a registered Minute of Agreement, the agreement itself is enforceable like a court decree for as long as it stands. A family law solicitor can advise which route fits — several firms in our directory offer fixed-fee initial advice.
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Find a Solicitor Near You →Disclaimer: This article is general information about the law in Scotland and is not legal advice. It may not reflect the most recent changes in the law. Always consult a qualified solicitor about your own circumstances.