Child Maintenance Variation Calculator
Calculate CMS variations for special expenses (contact travel costs) or extra income not in HMRC records. Covers the paying parent's variation to reduce payments and the receiving parent's variation to increase them.
Frequently Asked Questions
What is a CMS variation?
A CMS variation allows either parent to apply to change the standard maintenance calculation when the basic formula doesn't reflect the true financial position. The paying parent may apply for special expenses to reduce payments; the receiving parent may apply for hidden income or assets to increase payments.
What are 'special expenses' for CMS variation?
Qualifying special expenses include: travel costs for the paying parent to maintain contact with the child (e.g., petrol, trains, flights — but only if 'on top of' normal travel and above a threshold), boarding school fees paid by the paying parent, and some pre-assessment debt repayments. Not all travel costs qualify — CMS applies specific tests.
What is the travel cost minimum for variation?
Contact travel expenses must be at least £10 per week (£520/year) before a variation can be claimed. The CMS will also assess whether the travel costs are reasonable given the circumstances. Costs must be costs incurred to see the child, not general commuting.
How does the assets variation work?
If the paying parent has capital assets (excluding their main home) worth more than £31,250, the receiving parent can apply for a variation treating the assets as generating 8% annual deemed income. This is added to the paying parent's gross income for maintenance purposes. Property, savings, investments, and business assets can all be included.
Can the CMS access paying parent's financial records?
CMS can request information from HMRC about income (with consent). For variations involving business income, company assets, or complex arrangements, CMS has legal powers to require financial information from the paying parent and third parties. Failure to cooperate can result in a default maintenance decision.
What is 'diversion of income' variation?
This applies when the paying parent has artificially reduced their declared income by structuring payments through a company (taking low salary, leaving profits in company), paying excessive expenses to connected parties, or other arrangements. CMS can look behind the declared income to the underlying financial benefit.
How long does a variation take?
CMS variation applications typically take 8-12 weeks to process. Complex financial cases (diversion of income, assets) can take considerably longer — sometimes over a year if financial disclosure is contested. During this time, the standard maintenance continues at the current rate.
Can I make a backdated variation claim?
Variations can only be applied from the date CMS accepts the application — they are not backdated to when the grounds first arose. This means prompt application is important. Changes to income that result in a standard reassessment (not variation) can be backdated to the annual review date.