What Does Child Maintenance Cover? Christmas and Extra Costs
Last updated: 29 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: What does child maintenance cover at Christmas? Child maintenance is a regular payment towards a child's everyday living costs. A Child Maintenance Service calculation has no extra amount for Christmas presents, birthdays or school trips, and the CMS can't make either parent pay for them on top. Parents can agree extras between themselves in a family-based arrangement.
Question | Does child maintenance cover Christmas presents and extra costs? |
|---|---|
The short answer | No separate amount. The Child Maintenance Service (CMS) works out one weekly figure for everyday costs. Presents and extras are for parents to agree. |
The law (Act, rule or form) | Child Support Act 1991 (CMS calculations; section 8 limits on courts); Children Act 1989, Schedule 1 |
Where it applies | England and Wales |
Key timing | First CMS payment usually within 12 weeks of applying; a variation can take up to 3 months. Agree Christmas costs early. |
Source checked (date) | GOV.UK and legislation.gov.uk, 29 October 2026 |
What does child maintenance cover under the law?
GOV.UK puts it simply: child maintenance covers how a child's living costs are paid when one parent doesn't live with them. Both parents are responsible for the costs of raising their children, even if they don't see them.
That means food, housing, heating, clothes and the ordinary bits of family life. It's a contribution to the whole, not a list of items. So when people ask "what does child maintenance cover?", the honest answer is all of those everyday costs, in one weekly amount. The money goes to the parent the child mainly lives with.
If you go through the Child Maintenance Service, the amount comes from a formula set by the Child Support Act 1991. The formula looks at the paying parent's gross income, any other children they support, and how many nights the child stays with them. It doesn't look at the time of year. There's no Christmas uplift, no birthday payment and no separate figure for school uniform. We explain the wider process in our guide to how the Child Maintenance Service works.
How is the weekly amount worked out?
The CMS takes the paying parent's yearly gross income from HMRC, turns it into a weekly figure and applies one of five rates (GOV.UK, checked 29 October 2026):
Gross weekly income below £7: nil rate, nothing to pay.
£7 to £100, or the paying parent gets benefits: flat rate of £7 a week.
£100.01 to £199.99: reduced rate, worked out by a formula.
£200 to £3,000: basic rate, worked out by a formula.
Income unknown or not provided: a default rate of £38 a week for one child, £51 for two and £64 for three or more.
If the paying parent earns more than £3,000 a week gross, the receiving parent can ask the court for extra maintenance on top. That's called a top-up order, under section 8(6) of the Child Support Act 1991.
Does shared care change it?
It can. On the flat, reduced or basic rate, if the child stays overnight with the paying parent at least 52 nights a year, the amount can go down. It's reduced by 14.29% for 52 to 103 nights, 28.57% for 104 to 155 nights, 42.86% for 156 to 174 nights, and 50% plus an extra £7 a week for 175 nights or more. Payments can't go below £7 a week.
This matters at Christmas. Extra nights over the holidays count towards the yearly total, and GOV.UK says changes to overnight care should be reported as soon as they happen. A one-off extra night won't usually tip someone into a new band, but a new pattern might. If you're still sorting out who has the children when, our guide to planning Christmas while separated may help.
Does child maintenance cover Christmas presents?
Not as a separate item. Child maintenance is paid towards the child's living costs all year round, and the receiving parent can spend part of it on presents if they choose. But there's nothing in a CMS calculation labelled "Christmas", and the CMS has no power to tell either parent to buy gifts or to pay for them.
The same goes the other way. A paying parent who buys presents, pays for a trip or covers a new coat won't see the CMS figure change. The calculation is based on income, other children and overnight stays, not on what's spent on gifts.
We hear both sides of this every December. One parent feels they're paying for everything and the other parent turns up with the expensive present. The other parent feels they already pay every month and are now being asked for more. Both feelings are understandable. The law doesn't settle it either way, which is why an agreement usually works better than an argument.
How does it work in practice?
In practice, Christmas costs are dealt with in one of three ways.
1. A family-based arrangement
This is a private agreement between the two of you. GOV.UK says it can include one parent paying some of their income to the parent with day-to-day care, or paying for things like housing, school uniform, trips or clubs. There's no reason it can't also say who buys what at Christmas and on birthdays, or that you'll split agreed extras half and half.
A family-based arrangement depends on both of you sticking to it. If you can't agree, or you feel at risk talking to the other parent, you might be able to use the Child Maintenance Service instead. If a conversation keeps turning into a row, family mediation can help you put something workable on paper.
2. The Child Maintenance Service
The CMS works out the weekly amount, and it can arrange payments and take action if they're not made. You start with the "Get help arranging child maintenance" tool on GOV.UK. You'll need the reference number it gives you, your bank details and your National Insurance number. There's no fee to apply to the Child Maintenance Service any more.
There are two ways to pay. With Direct Pay, the paying parent pays the other parent directly and there are no collection fees. With Collect and Pay, the CMS collects the money and passes it on. The paying parent is charged 20% on top and the receiving parent has 4% taken off (GOV.UK, checked 29 October 2026).
You may read that this is changing. In June 2025 the government said it plans to remove Direct Pay and halve CMS fees, while keeping a 20% charge for paying parents who don't pay on time and in full. That's a plan, not the law. It needs new legislation, and the government said it aims to bring it in during 2027/28. For now, the fees above still apply.
3. The family court, for particular costs
Courts can't usually make a maintenance order where the CMS can do a calculation (section 8 of the Child Support Act 1991). There are exceptions. A court can order extra maintenance for school fees or other education costs (section 8(7)), for costs linked to a child's disability (section 8(8)), or as a top-up for very high earners (section 8(6)). Under Schedule 1 of the Children Act 1989, a court can also order things like a lump sum for a child's benefit.
These are routes for bigger, specific needs. They involve a court application, and they aren't a practical way to resolve a disagreement over presents in December.
Can extra costs be added through a child maintenance variation?
Some can, through what the CMS calls a variation. Either parent can ask for extra income or assets to be counted. That includes rental income or interest over £2,500 a year, assets worth more than £31,250, and income the paying parent is diverting elsewhere.
The paying parent can ask for certain expenses to be taken into account:
the cost of keeping in regular contact with the child, such as fuel for travel between homes
the costs of supporting a disabled child, or a child with a long-term illness, who lives with them
repaying debts from the previous relationship
part of boarding school fees for a child they pay maintenance for
mortgage, loan or insurance payments on the former shared home, if the other parent and the child still live there
Each expense has to be more than £10 a week, apart from costs for a disabled child or one with a long-term illness. Christmas presents aren't on the list. A variation can take up to three months to change the amount, so asking in November may not change what's paid in December.
For example, if a father drives a long way every other weekend to collect his daughter, and the fuel costs more than £10 a week, he may be able to ask for a variation to reduce his payments. If the mother thinks the father has rental income the CMS hasn't counted, she can ask for that to be added. The CMS decides each request on the evidence.
Who does it affect?
Any separated parent whose child is under 16, or under 20 and in approved education or training, such as A levels or T Levels. Payments stop after the child turns 20, or earlier when they leave approved education.
Getting child maintenance doesn't affect benefits, including Universal Credit, and you don't pay tax on it, which can help when you're budgeting for December.
What should I do if we disagree about Christmas money?
Start with what you can control. A short written note about who pays for what this year, sent in November rather than on Christmas Eve, saves a lot of stress. Keep it about the children and keep the tone calm.
If maintenance is being paid through the CMS, check the figure is right before the holidays. Look at your annual review letter, and report any change in overnight care. If you think a decision is wrong, there's a process to challenge it. Our guides to common problems with the Child Maintenance Service and appealing to the child maintenance tribunal explain the steps.
Two things to avoid. Don't hold back maintenance because Christmas contact has been cut short, and don't stop contact because maintenance is late. GOV.UK treats child maintenance and arrangements for seeing the children as separate. If the arrangements themselves have broken down, read our guide on what to do if Christmas contact is refused.
Frequently asked questions
Do I have to pay extra for Christmas presents on top of child maintenance?
No. A CMS calculation is one weekly amount, and there's no legal duty to pay for Christmas presents on top. Many parents choose to agree extras between themselves.
Can I take the cost of presents off my child maintenance?
Not with the CMS. Its calculation is based on income, other children and overnight stays, so gifts and one-off spending don't change it. In a family-based arrangement, it's up to the two of you what counts.
Can the receiving parent spend child maintenance on presents?
Yes. Child maintenance goes towards the child's living costs, and it isn't split into set amounts for particular items, so part of it can go on presents.
Does child maintenance cover school uniform and school trips?
They're part of the everyday costs that maintenance contributes to. GOV.UK gives school uniform, trips and clubs as examples of what parents can agree to pay for directly in a family-based arrangement.
How much is child maintenance for one child?
It depends on the paying parent's income and how many nights the child stays with them. The flat rate is £7 a week, and the default rate when income isn't known is £38 a week. GOV.UK has a calculator for an estimate.
What is Collect and Pay child maintenance?
It's where the CMS collects payments from the paying parent and passes them on. The paying parent pays a 20% fee on top and the receiving parent has 4% deducted (GOV.UK, checked 29 October 2026).
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you understand where you stand on child maintenance, prepare a clear written proposal for the other parent, and get your paperwork in order if you need to apply to the court. Email us at help@incourt.co.uk or use the contact form on our website. You can read what other parents say about us in our Google reviews.
Related guides
Sources
GOV.UK: How the Child Maintenance Service works out child maintenance (rates, shared care), checked 29 October 2026
GOV.UK: Asking for other income and expenses to be included (variations), checked 29 October 2026
GOV.UK: Child Maintenance Service, payments (Direct Pay, Collect and Pay fees), checked 29 October 2026
GOV.UK: Make a private arrangement, checked 29 October 2026
GOV.UK: Child Maintenance Service, overview and how to apply, checked 29 October 2026
GOV.UK: When child maintenance stops, checked 29 October 2026
legislation.gov.uk: Child Support Act 1991, section 8, checked 29 October 2026
legislation.gov.uk: Children Act 1989, Schedule 1, checked 29 October 2026
UK Parliament: Written statement HLWS734, 24 June 2025 (planned changes, not yet law), checked 29 October 2026
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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