For most separated parents in England and Wales, child maintenance is calculated through the Child Maintenance Service (CMS). However, for high-net-worth individuals or parents with significant incomes, the CMS may not provide a fair reflection of a Child’s financial needs or the paying parent’s true ability to contribute.
The CMS limits and when you can apply to court
The CMS only assesses income up to a statutory maximum. While the CMS can calculate maintenance on income up to £156,000 per year subject to current regulations, many high earners have substantially greater income or wealth that falls outside the standard CMS calculation.
Where a parent’s earnings exceed that threshold, the receiving parent may be able to apply to the Family Court for additional financial provision, often referred to as a “top-up” order. This can be in either ongoing matrimonial causes act matters on a divorce such as looking at school fees. Alternatively regardless of marriage, a special application under Schedule 1 of the Children Act may be made for financial provision whether as a lump sum or a ‘top up’.
The court considers a range of factors, including the child’s reasonable needs, the lifestyle they enjoyed before separation, educational costs, extracurricular activities, housing needs and the financial resources of both parents. The aim is not to benefit the receiving parent but to ensure the child continues to enjoy an appropriate standard of living.
When income is more sophisticated than just a salary
High Net Worth cases can be particularly complex where income is derived from dividends, trusts, overseas assets, bonuses, or business interests. Full financial disclosure and expert legal advice are often essential to ensure that child maintenance arrangements are fair and reflect the family’s true financial circumstances.
Seeking early specialist advice from a family lawyer
If you believe the CMS assessment does not adequately meet your child’s needs, or you are facing a claim for additional maintenance, obtaining specialist family law advice at an early stage can help protect both your child’s interests and your financial position ensuring that arrangements are fair, proportionate and focused on what matters most: securing the best possible future for the child or children.
International Families
Many wealthy families have international connections with assets, businesses or residences in multiple jurisdictions.
Cross boarder issues can significantly affect child maintenance, particularly where a parent lives overseas or receives income from foreign sources. Questions of jurisdiction, enforcement and tax can all arise, making early specialist advice from a family lawyer really valuable. A family lawyer can help you identify the full range of options available to you.
How We Can Help
TV Edwards’ experienced family law solicitors advise on all aspects of child maintenance, including high-value cases that fall outside the standard Child Maintenance Service (CMS) calculation. Whether you are seeking a top-up order or responding to a claim, we provide clear, practical advice tailored to your circumstances.
To speak to one of our family law specialists, call 020 3440 8000, email family@tvedwards.com, or complete our online enquiry form.
