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The maintenance calculation
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Making arrangements for child maintenance factsheet
Maintenance is set at one of four rates: - nil rate;
- flat rate of £5;
- reduced rate, if the non-resident parent's net income is between £100 and £200 per week; and
- basic rate, if the non-resident parent's net income is £200 per week or more.
Who does the nil rate apply to?
Non-resident parents who are: - full-time students;
- a child under 16, or a young person under 19 who is in full-time non-advanced education;
- prisoners;
- 16-17 year olds getting Income Support or income-based Jobseeker's Allowance;
- a young person getting a work-based training allowance;
- people in residential care or nursing homes getting help with fees or on certain benefits; or
- a patient in hospital who has had their benefits reduced.
Who pays the flat rate of £5?
Non-resident parents where the nil rate does not apply and who: - claim Income Support, income-based Jobseeker's Allowance or Pension Credit (or their partner claims);
- have income of £100 or less per week; or
- claim certain benefits, including contribution-based Jobseeker's Allowance; Retirement Pension; Incapacity Benefit and Invalid Care Allowance. For more details, call the Lone Parent Helpline.
How is the reduced rate calculated?
The reduced rate of maintenance applies if neither the flat rate nor the nil rate applies and the non-resident parent's net income is between £100 and £200 per week. The reduced rate is worked out by adding £5 to a percentage of the non-resident parent's net income over £100 per week. The percentage is based on the number of children applied for and the number of other children living with the non-resident parent. The figure is rounded to the nearest £1.
To see the percentage variations, go to Maintenence - reduced rate calculations
Example of how the reduced rate of child maintenance is calculated
Euan lives with Dipa and her daughter Rana. His weekly net income is £190 and neither the nil rate nor the flat rate applies. Heather claims maintenance for their son Iain from Euan. The amount of Euan's weekly income above £100 is £90. As he lives with one child and maintenance is only being claimed for one child, the amount of maintenance he has to pay is: £18.45 (20.5% of £90) + £5 = £23.45, rounded to £23.
How is the basic rate calculated?
The non-resident parent pays the basic rate if none of the other rates applies. It's a percentage of net income, calculated in two stages.
Stage 1
Net income is reduced by a percentage, depending on the number of other children living with the non-resident parent. The percentage of the reduction is the same as in stage 2 - see below.
Stage 2
Maintenance is a percentage of this reduced amount, depending on the number of children applied for (rounded to the nearest pound). - Number of children: 1 = 15%
- Number of children: 2 = 20%
- Number of children: 3 = 25%
Example of how the basic rate of child maintenance is calculated
Simon lives with Bronwyn and her four children. Simon's weekly net earnings are £175 and £83 tax credits. Lucy applies for maintenance from Simon for their children Hannah and Stephen.
Stage 1
Simon's net income of £258 (£175 + £83) is reduced by 25 per cent (£258 x 25% = £64.50) because he lives with four children: £258 - £64.50 = £193.50.
Stage 2
The maintenance due for two children is: 20% of £193.50 = £38.70, rounded to £39.
What counts as the non-resident parent's net income? - Earnings, less tax, National Insurance contributions and all contributions to a personal or occupational pension scheme;
- tax credits; and
- any pension payments he or she receives.
Other income, for example from savings, maintenance or renting out property, is ignored. If you think the non-resident parent can afford more maintenance, you can ask for a 'variation' (see below).
What do I do if I think the non-resident parent has not disclosed all his or her income?
When the CSA decides about the amount of maintenance to be paid, they must send you a notification of the decision, which will state the amount of the non-resident parent's net income that was used in the calculation.
If you think the non-resident parent has not disclosed all their income, you can write to the CSA to say that you want to appeal against the assessment. By doing so, the CSA will send you (as part of the papers for the appeal) a more detailed breakdown of the calculation, including full details of the non-resident parent's income. If you don't want the non-resident parent to know your whereabouts, information that might lead to he or she finding out can be blacked out when your papers are sent to them.
At the tribunal hearing, the non-resident parent will be asked to provide proof of their income. You will need to provide as much information and evidence as possible as to why you think the non-resident parent has a higher income than he or she has declared.
Is there a maximum and minimum amount of maintenance?
There is a minimum amount payable of £5 in basic and reduced rate cases. However, non-resident parents on the flat rate may pay less in some circumstances, for example if they receive Income Support or income-based Jobseeker's Allowance and share the care of the child. The CSA does not take into account net income above £2,000 a week when it calculates maintenance. This means that the maximum amount of child maintenance a non-resident parent will pay is between £225 and £500 a week, depending on their circumstances.
What are variations?
You can ask the Child Support Agency to adjust the calculation to deal with some special circumstances. These adjustments are called variations. You can ask for a variation to increase maintenance because you think the non-resident parent has: - substantial assets, over £65,000;
- non-benefit income of more than £100 a week and they are liable to pay the nil or flat rate of child support;
- other income of at least £100 a week that has not been taken into account or diverted; or
- a lifestyle inconsistent with their stated income.
The non-resident parent can also ask for a variation to reduce maintenance in certain circumstances, for example because of the costs of keeping in contact with the child. For more information about variations, call the Lone Parent Helpline on 0800 018 5026.
What else can affect the amount of maintenance I get?
Your maintenance calculation can reduce if: - the non-resident parent shares care of your child
- another child comes to live with the non-resident parent
- the local authority has part-time care of your child
- someone else who cares for your child asks for the child maintenance to be split between you;
- someone who cares for another child of the non-resident parent applies for child maintenance; or
- the non-resident parent asks for a variation.
How does shared care reduce child maintenance?
If the non-resident parent looks after your child overnight for at least 52 nights a year, this is known as shared care.
A non-resident parent on the flat rate, for example because they're on benefit, will pay you nothing, even if they only look after one child one night a week.
A non-resident parent on the reduced or basic rate has child maintenance reduced in proportion to the number of nights they share care.
No. of nights 52-103: Maintenance decreased by one-seventh
104-155 nights: two-sevenths
156-174 nights: three-sevenths
175 or more nights: one-half, then a further £7
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