Who needs to pay child maintenance if we share "custody"?

When parents separate, one of the first questions that arises is how child support works if custody is shared.

In England and Wales, the term custody is no longer used, but parents often use it to describe living arrangements. The legal framework now refers to child arrangements orders that set out where the child lives and how much time they spend with each parent. Where time is shared fairly equally, many people assume that neither parent pays child support, but the situation can be more complex.

Child maintenance is generally calculated by the Child Maintenance Service, known as the CMS. The CMS bases its calculations on the gross weekly income of the paying parent, adjusted for factors such as pension contributions and the number of nights the child spends with them. Even in shared care arrangements, one parent may still be classed as the paying parent if the other receives child benefit. The parent who receives child benefit is usually considered the main carer in the eyes of the law.

If care is split completely equally and both parents earn similar incomes, then it is possible that no child maintenance will be payable. However, this is not the outcome in every case. If one parent earns significantly more than the other, the CMS may still require contributions to ensure the child’s standard of living is balanced across both households. The guiding principle is that children should receive consistent financial support from both parents, regardless of living arrangements.

For example, if a child spends four nights a week with one parent and three with the other, the CMS would still view the parent with fewer nights as the paying parent. The amount payable would be reduced to reflect the number of nights spent with the child, but it would not necessarily be zero.

Parents are free to make their own private agreements about child maintenance without going through the CMS. Many families prefer this, as it allows flexibility and avoids bureaucracy. However, if disputes arise, the CMS provides a structured way to ensure payments are made. In some cases, parents choose to formalise financial arrangements in a consent order as part of their divorce settlement, which can provide additional certainty.

Ultimately, the question of who pays child support in shared custody arrangements depends on the specific balance of time and the parents’ financial circumstances. The law is designed to ensure children are supported properly, and the aim is fairness rather than strict equality.

If you are unsure about your obligations or rights, it is important to seek advice.

Our family law solicitors can explain how the CMS calculates payments, explore private agreements, and help you secure an arrangement that works for your family.