# Child maintenance > Child maintenance solicitors advise on CMS calculations, top-up orders for high earners, school fees and claims for unmarried parents across England and Wales. Last updated: 2026-11-12 # Child maintenance solicitors Child maintenance is financial support paid by one parent towards the everyday costs of raising their children after separation. Rushton Family Law advises parents on both sides, whether you will be paying or receiving maintenance, particularly where incomes are high, complex or include business and investment income. ### Child maintenance at a glance - Most child maintenance is calculated by the Child Maintenance Service (CMS) using a set formula. - Parents can agree an amount themselves and record it in a court order. - Where the paying parent’s income is above the CMS limit, the court can order additional maintenance. - School fees and some other costs fall outside the CMS and can be ordered by the court. - If a CMS calculation doesn’t reflect the paying parent’s true income, you may be able to apply for a variation. [Book my free consultation](https://rushtonfamilylaw.com/contact) ![](https://rushtonfamilylaw.com/asset/2838/174-33-def/rushton-family-law-white.png) #### Specialist Divorce and Family Lawyers Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done. [Contact us](https://rushtonfamilylaw.com/contact) When it really matters # Getting advice on child maintenance We start by looking at both parents’ incomes and how they are made up, along with the children’s needs and arrangements. Where income comes from a business, dividends or investments, we look at how that is likely to be treated, as it can make a significant difference to the figure. From there, we will advise you on the right route, whether that is an agreement between you, a court order or the Child Maintenance Service. ### How child maintenance is decided Most child maintenance is calculated by the Child Maintenance Service (CMS) using a formula based on the paying parent’s income and the number of nights the children spend with each parent. Parents can also agree an amount between themselves, and that agreement can be recorded in a court order as part of a wider financial settlement. ### Child maintenance for high earners The CMS formula only applies to income up to a set limit. Where the paying parent earns more than that, the court can make a top-up order for additional maintenance. ### School fees and other costs The court can also order payment of school fees and certain other costs that the CMS does not cover. ### Child maintenance for unmarried parents Parents who were never married can make additional financial claims for their children beyond CMS maintenance, including for housing and lump sums. ### Challenging a CMS calculation If a CMS calculation doesn’t reflect the paying parent’s true financial position, for example because income is held in a company or comes from investments, it may be possible to apply for a variation. RELATED SERVICES [Financial settlements](https://cms.rushtonfamilylaw.com/services/finances/financial-settlements) [Spousal maintenance](https://cms.rushtonfamilylaw.com/services/finances/spousal-maintenance) [Enforcing, changing and challenging child arrangement orders]() [Financial support during a divorce](https://cms.rushtonfamilylaw.com/services/financial-support-during-your-divorce) RELATED GUIDES [The family home](https://cms.rushtonfamilylaw.com/guide/the-family-home) [Businesses](https://cms.rushtonfamilylaw.com/guide/businesses) [Salary, bonuses, and shares](https://cms.rushtonfamilylaw.com/guide/salary-bonuses-and-shares) [Pensions](https://cms.rushtonfamilylaw.com/guide/pensions) [Inheritance and gifts](https://cms.rushtonfamilylaw.com/guide/inheritance-and-gifts) [Financial disclosure](https://cms.rushtonfamilylaw.com/guide/financial-disclosure) [Consent orders and clean breaks](https://cms.rushtonfamilylaw.com/guide/consent-orders-and-clean-breaks) [Money from parents and family](https://cms.rushtonfamilylaw.com/guide/money-from-parents-and-family) [The financial court process](https://cms.rushtonfamilylaw.com/guide/the-financial-court-process) [Debts in divorce](https://cms.rushtonfamilylaw.com/guide/debts-in-divorce) [Tax in divorce](https://cms.rushtonfamilylaw.com/guide/tax-in-divorce) [How the court decides a financial settlement](https://cms.rushtonfamilylaw.com/guide/how-the-court-decides-a-financial-settlement) [Mesher orders](https://cms.rushtonfamilylaw.com/guide/mesher-order) [Hidden assets](https://cms.rushtonfamilylaw.com/guide/hidden-assets) ### Our Team Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with. ![](https://rushtonfamilylaw.com/asset/3099/398-535-def/nicola-398x535.jpg) [Nicola Jones](https://rushtonfamilylaw.com/team/nicola-jones) [Partner - Divorce & Family](https://) ![](https://rushtonfamilylaw.com/asset/3100/398-535-def/amie-398x535.jpg) Amie Pine Partner - Divorce & Family ![](https://rushtonfamilylaw.com/asset/3139/398-535-def/emma-398x535.jpg) Emma Shortland Associate ![](https://rushtonfamilylaw.com/asset/3116/398-535-def/ella-398x535.jpg) Ella Perry Assistant Solicitor ![](https://rushtonfamilylaw.com/asset/3107/398-535-def/samantha-398x535.jpg) Samantha Patel Legal Support Assistant ### Reviews and testimonials ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie! ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) Nicola and the team are the best support you could ask for at the most difficult of times. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients. ![](https://rushtonfamilylaw.com/asset/2562/193-32-def/stars.png) I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible. ### outstanding legal representation when it really matters ### FAQs #### How is child maintenance calculated? The Child Maintenance Service (CMS) uses a formula based on the paying parent’s gross income, the number of children, and how many nights the children spend with each parent. Other children living with the paying parent can also reduce the figure. Parents can agree a different amount between themselves. #### Do I have to use the Child Maintenance Service? No. Many parents agree child maintenance between themselves, and that agreement can be recorded in a court order as part of a wider financial settlement. The CMS is there if you can’t agree, or if an agreed arrangement breaks down. #### Can we agree child maintenance between ourselves? Yes. You can agree any amount that works for your family, either informally or in a court order. We can advise you on what the CMS would be likely to calculate, so that you have a fair starting point for discussion. #### Until what age is child maintenance paid? Child maintenance is usually paid until a child turns 16, or until they turn 20 if they remain in full-time education up to A level or equivalent. A court order can provide for maintenance to continue for longer, for example during university. #### What happens if the other parent stops paying? If payments are arranged through the CMS, it has a range of enforcement powers, including taking money directly from wages or bank accounts. If maintenance is set out in a court order, you can apply to the court to enforce it. Keep a record of any missed payments. #### Does shared care reduce child maintenance? Yes. Under the CMS formula, the amount is reduced if the children regularly stay overnight with the paying parent for at least 52 nights a year, and the reduction increases with more nights. ### How we work An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team. Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which. A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there. **Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.** [Book a consultation](#callback) ### Request a confidential call Please share a few details about your circumstances and one of our specialist family lawyers will contact you at a convenient time. 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