Child maintenance for children with disabilities — extra costs and the CMS calculation

REVIEWED BY: Sean McNamara on 2026-08-30

Raising a child with a disability or long-term illness costs more — that is true in every household, and both parents share responsibility for those costs, including the parent who no longer lives with the child. This guide explains how disability-related costs interact with child maintenance. It is general information, not legal or financial advice.

The baseline: the CMS calculation ignores special costs

The standard Child Maintenance Service formula is based on the paying parent's gross weekly income and the number of shared-care nights — it does not automatically take the child's additional needs into account. If the child's disability means significantly higher costs, you have to ask for them to be considered.

Route 1: the receiving parent asks for the costs to count

The CMS standard-of-living adjustment doesn't exist as such, but disability costs can come into play in two ways:

As part of a variation: the receiving parent can ask the CMS to look at the paying parent's other income or assets (see our variation guide) so the calculation reflects their true means to contribute to the child's needs
Via the courts in limited cases: the CMS scheme is designed to be the sole route for child maintenance (regular support), and the courts generally cannot top it up for children whose parents were married — except where the child is disabled: under Schedule 1 of the Children Act 1989, the court can order additional periodical payments or a lump sum (for equipment, housing adaptations, a car) for a child unable to live independently because of a disability. This is a real and important exception

Route 2: the paying parent claims disability-related special expenses

If you are the paying parent and the child's disability creates costs you incur directly — for example during contact, where you bear the cost of special equipment, transport adapted for the child's needs, or additional care — you can ask the CMS to consider these as special expenses (see our dedicated guide), which reduces the calculation by the amount accepted.

Route 3: separate benefits — do not confuse them with maintenance

Disability-related support comes from the benefits system, not from child maintenance:

Disability Living Allowance for children (DLA) — paid for the child's care and mobility needs; it belongs to the child's care, paid to the main carer, and is not part of the maintenance calculation or offset against it
Carer's Allowance — for the parent providing substantial care
The paying parent's benefits and income are unaffected by the child's DLA

A common misconception: DLA is not a reason to reduce maintenance, and maintenance is not a reason the DLA should move between households. They are separate systems.

Practical steps if maintenance doesn't meet the child's needs

1. Gather the numbers — actual extra monthly costs (therapies, equipment, transport, utilities); keep receipts 2. Consider a variation application to the CMS where the paying parent's real means exceed the HMRC-reported income 3. Get advice on a Schedule 1 application where the parents were married, or under paragraph 1/2 of Schedule 1 for children whose parents never married — disability cases are the strongest candidates for additional periodical payments beyond the CMS formula 4. Check the child's entitlements — DLA, education health and care plan (EHCP) support, and charitable grants (for example Family Fund) can fill gaps without any litigation

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to the DWP, CMS, HMCTS, or gov.uk. This page is general information and is not legal advice. Schedule 1 disability claims are technical — get specialist advice.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.