Child maintenance (CMS route) at the family court in North Walk

REVIEWED BY: Sean McNamara on 2026-09-02

How this works

Child maintenance for most families is now handled by the Child Maintenance Service (CMS), not the family court.

• Either parent can apply online or by phone; the CMS calculates maintenance from the paying parent's gross income using a statutory formula.
• Direct Pay lets parents arrange payments themselves after the calculation; Collect and Pay has the CMS collect and forward payments (service charges apply — check gov.uk for current rates).
• The £50,000+ "top-up" jurisdiction and items outside the CMS formula (school fees, step-children of the paying parent in some cases) are where the family court can still make orders.
• Where there is domestic abuse, the CMS can keep your contact details hidden from the other parent.

CMS decisions can be challenged by mandatory reconsideration and appeal to the First-tier Tribunal.

• Form: CMS application — gov.uk
• Fee: Free to apply (check current charges on gov.uk)
• Where to file: Barnstaple Magistrates', County and Family Court, Barnstaple Law Courts, North Walk, North Walk, EX31 1DX
• Our full guide to Barnstaple Magistrates', County and Family Court

What happens after you file

1. Apply to the CMS online or by phone (a fee may apply — check gov.uk). 2. The CMS traces the paying parent, confirms income and calculates the amount. 3. Choose Direct Pay or Collect and Pay; payments start. 4. If payments fail on Collect and Pay, the CMS can use enforcement powers (deduction from earnings, deduction orders, in serious cases committal via the courts).

Getting help in North Walk

• Support services in North Walk
• Finding a solicitor near North Walk
• Finding a mediator near North Walk

Related guides

• Court fees guide
• Help with Fees (EX160) guide
• Representing yourself

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General information only — not legal advice. Confirm current fees and charges on the gov.uk pages before filing. Source: gov.uk, HMCTS court data.

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.