Child Maintenance Ruling: Why a Nil CMS Review Isn't the End

Two mothers have won a landmark Court of Appeal case against former Leicester City captain Wes Morgan over around £137,000 each in unpaid child maintenance. The judgment, handed down this week, closes off an argument that could have let higher-earning parents walk away from court-ordered payments simply by getting their Child Maintenance Service (CMS) assessment reduced. The case involves a footballer, but the principle applies to any separated parent whose child maintenance arrangements combine a CMS calculation with a court order.

What Happened in the Wes Morgan Case

After retiring from football, Morgan told the CMS he was unemployed. From September 2021, the CMS reduced his child maintenance for both children to nil. A tribunal later found he had actually earned between £220,000 and £240,000 a year over the previous four years, and Morgan admitted in a witness statement that he knew the nil decision was wrong because he had rental income.

Before that, he had agreed court orders to pay £44,000 a year to one mother and £36,000 a year to the other. His argument was technical: every time the CMS reviewed his case, he said, it created a brand-new maintenance calculation, and that new calculation cancelled the earlier court orders. On that view, the arrears simply disappeared.

What the Court of Appeal Decided

Lady Justice King, Sir Stephen Cobb and Lady Justice Asplin rejected that argument. The court held that under the Child Support Act 1991 there is a single maintenance calculation that continues until a specific event brings it to an end. CMS reviews and revisions update that calculation; they don't replace it, and they don't wipe out court orders made alongside it. Treating every review as a fresh start, the judges said, would lead to absurd results and endless litigation.

If the parties can't now agree, the cases will go back to the Family Court.

How Child Maintenance and Court Orders Fit Together

For most separating parents, child maintenance is dealt with by private agreement or through the CMS, not the courts. The CMS uses a formula based on the paying parent's gross income, but it only takes into account income up to £3,000 a week.

Where a parent earns more than that, the court can make a top-up order on top of the CMS maximum. Courts can also order payments the CMS doesn't cover, such as school fees or costs linked to a child's disability. This ruling confirms that those orders survive CMS reviews, even when the CMS figure falls to nil.

What This Means for Your Divorce Financial Settlement

If you're negotiating a divorce financial settlement, the case is a useful reminder that child maintenance needs as much care as the house or the pensions:

• Consent orders have a one-year limit. If child maintenance is included in a financial consent order, either parent can usually apply to the CMS once the order has been in place for a year, and that can end the court's maintenance provision. Build that into your planning.
• Self-employed and high-income parents need scrutiny. Income from dividends, rental property or a business can be hidden or understated. The CMS can consider "unearned income" and apply variations, but you may need to ask for them.
• Arrears don't vanish. If payments stop after a CMS review, this judgment suggests court-ordered sums may still be enforceable. Act quickly; waiting rarely helps.
• Get the order drafted properly. Wording matters. A well-drafted order makes clear what is covered by the CMS and what is a separate court obligation.

The Cost of Fighting for What a Child Is Owed

The families in this case spent more than seven years in litigation. Most parents won't face a battle on that scale, but many will recognise the frustration of a former partner whose income suddenly drops on paper. Early legal advice, and an order written with these scenarios in mind, can save years of stress later.

What Should You Do Next?

Whether you're putting child maintenance in place as part of a divorce, or you're owed money that hasn't been paid, you don't have to work it out alone. Our first contact team will listen to your situation and match you with an experienced family solicitor near you in the QualitySolicitors network. They can explain how the CMS and the courts apply to your family and what steps to take next. Get in touch for a confidential, no-pressure conversation.