In Scotland, most child maintenance is arranged through the Child Maintenance Service (CMS). At XK Solicitors, we regularly advise parents on how this works in practice.

The CMS Formula

CMS uses a set formula to calculate maintenance. It is based almost entirely on the gross weekly income of the paying parent (before tax, but after pension contributions).

The steps are:

1. Find the paying parent’s gross weekly income.
2. Apply percentage rates depending on the number of children.
3. Adjust for shared care (overnight stays with the paying parent).
4. Adjust for other children the paying parent supports in their household.

The Basic Rates

For most cases, CMS applies these percentages to the paying parent’s weekly gross income (up to £3,000 per week, so higher incomes may require a court application for aliment instead):

• 12% for one child
• 16% for two children
• 19% for three or more children

Shared Care Adjustments

If the child stays overnight with the paying parent, the maintenance is reduced to reflect this shared care. For example:

• 52–103 nights per year = 1/7 reduction
• 104–155 nights = 2/7 reduction
• 156–174 nights = 3/7 reduction
• 175 nights or more = 50% reduction (plus a further £7 per week reduction for each child).
• If you have your child 50% of the time, then you pay zero.

Example

If the paying parent earns £600 per week gross and has one child:

• 12% of £600 = £72 per week.
• If the child stays 100 nights per year with the paying parent, that figure is reduced by 1/7, resulting in about £61.70 per week.

When the Courts Can Be Involved

The CMS covers most cases. However, the Scottish courts can still be asked to make an order for aliment in situations such as:

• When the paying parent earns more than £3,000 per week (£156,000 per year).
• When the child is over 18 but still in education or training.
• To resolve disputes that the CMS cannot handle.

Key Takeaway

• Child maintenance in Scotland is usually calculated by the CMS formula, but parties can agree on any figure they want.
• The amount CMS will decide depends on the paying parent’s gross income, the number of children, and the level of shared care.
• For higher incomes or children over 18 in education, a court Order may be required.

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