Court of Appeal Clarifies Child Maintenance Obligations for High-Income Parents

8 November 2026

Recent developments in family law have brought clarity to child maintenance obligations for high-income parents. The Court of Appeal's decision in Morgan v Antoniou; Morrell v Morgan [2026] EWCA Civ 1363, delivered on 21 October 2026, addresses the interplay between Child Maintenance Service (CMS) assessments and court-ordered top-up payments.

In this case, the fathers, both high earners, had existing court orders requiring them to make additional child maintenance payments beyond the standard CMS calculations. They argued that subsequent CMS decisions, which assessed their maintenance liabilities at nil, should automatically nullify these top-up orders.

The Court of Appeal disagreed, emphasizing that a CMS reassessment does not automatically override a court's top-up order. This means that even if the CMS determines a parent has no maintenance liability, any existing court-ordered top-up payments remain enforceable unless specifically varied or discharged by the court.

For high-income parents, this ruling underscores the importance of understanding that CMS decisions and court orders operate independently. A CMS reassessment does not negate the obligations set by a court order. Therefore, if there's a significant change in financial circumstances, it's crucial to seek a formal variation of the court order rather than assuming it no longer applies.

At Thompson Family Law, we recognize that navigating child maintenance obligations can be complex, especially for high earners. If you're facing changes in your financial situation or have questions about your maintenance responsibilities, our experienced solicitors are here to provide clear, practical advice tailored to your circumstances.