Child maintenance deductions form part of payroll where an employee has a legal obligation to support a child.
Employers must apply these deductions when instructed by the Child Maintenance Service (CMS) or through a court order. Accuracy and timing matter, as errors can lead to compliance issues and employee disputes.
This guide sets out how child maintenance deductions work for 2026/27 and what employers need to manage.
Child maintenance is usually collected through a Deduction from Earnings Order (DEO) issued by the Child Maintenance Service.
Once received, the employer must begin deductions from the next available pay period.
The employer:
The employee cannot opt out of these deductions. Only CMS can amend or stop the order.
CMS uses two main types of deduction:
Deduction from Earnings Order (DEO)
This applies a set percentage based on the employee’s net earnings.
Deduction from Earnings Request (DER)
This is a voluntary arrangement where the employer is asked to make deductions, but the employee must agree.
Most cases use DEOs, which are legally enforceable.
Child maintenance deductions are based on a percentage of net earnings. Net earnings include pay after tax, National Insurance and pension contributions.
|
Number of children |
Deduction rate (net earnings) |
|
One child |
12% |
|
Two children |
16% |
|
Three or more children |
19% |
Higher rates can apply in certain cases, such as arrears or enforcement action.
A protected earnings rate applies to make sure the employee keeps a minimum level of income after deductions.
This is set within the DEO notice.
Employers must:
Failure to apply protected earnings correctly can lead to over-deductions.
Employers can deduct an administration fee of £1 per deduction from the employee’s pay.
This is taken in addition to the maintenance deduction.
Child maintenance deductions take priority over most other deductions from pay.
The general order of priority is:
This means child maintenance is applied before most other court orders.
An employee may have more than one deduction order in place.
Where this happens:
If earnings are not enough to cover all deductions, employers must follow CMS guidance on how to allocate payments.
Employers must send deducted amounts to CMS by the 19th of the following month (or 22nd if paying electronically).
Late payments can lead to penalties or enforcement action.
Child maintenance deductions require careful handling within payroll. Clear processes reduce risk and support compliance with CMS requirements.
dhpayroll supports employers with payroll management and compliance, giving you accurate reporting and confidence in your payroll processes.