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Family and Relationships

Applying to the CMS for child maintenance

Summary

You can apply to the CMS if you’re the person with day-to-day care of the child. You could be their parent or someone else - like a grandparent. You must be entitled to Child Benefit for the child. You can only apply to the CMS if all the following rules apply to your family: * you’re all ‘habitually resident’ in the UK * the child is under 16 or under 20 and in approved education - they’re called a ‘qualifying child’ * no one else already gets maintenance for the child through the CMS The CMS can only arrange maintenance if both parents and the child you’ll be getting maintenance for are all habitually resident in the UK. This means you’ve made the UK your home and intend to live here for the time being. If you’re not sure if you’re habitually resident, talk to an adviser. A child is a qualifying child if they’re under 16. If they’re 16 or over, they’re a qualifying a child if all the following apply: * they’re in approved education or training - check what’s approved education or training on GOV.UK * they’ve never been married or in a civil partnership You’ll need to give the CMS detailed information about yourself and your family. This includes: * how many nights a week the.

Key information

  • you’re all ‘habitually resident’ in the UK
  • the child is under 16 or under 20 and in approved education - they’re called a ‘qualifying child’
  • no one else already gets maintenance for the child through the CMS
  • they’re in approved education or training - check what’s approved education or training on GOV.UK
  • they’ve never been married or in a civil partnership
  • your National Insurance number
  • your child’s name and date of birth
  • how many nights a week the child spends with each parent
  • the full names of both parents
  • their current or previous employer
  • HM Revenue and Customs (HMRC)
  • the Driver and Vehicle Licensing Agency (DVLA)

Practical guidance

  • Source: [Applying to the CMS for child maintenance](https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/getting-child-maintenance/applying-to-the-CMS-for-child-maintenance/)

Related topics

Family and RelationshipsChildrenGetting child maintenance

Sources

  • Citizens Advice — [Applying to the CMS for child maintenance](https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/getting-child-maintenance/applying-to-the-CMS-for-child-maintenance/) — `raw/citizens-advice/family-applying-to-the-cms-for-child-maintenance.md`

This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

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