What is a Private Child Maintenance Agreement?
A private child maintenance agreement is an arrangement made directly between parents or guardians to provide financial support for their child, without the involvement of government agencies or official child maintenance services. In this type of agreement, both parties decide together how much money will be paid, how often payments will be made, and how the money will be transferred. This flexible approach allows parents to tailor the arrangement to their family’s specific needs and circumstances.
Unlike government-managed child maintenance services, where an official body calculates and collects payments, a private agreement keeps the process informal and personal. There is no set formula or fixed method imposed by authorities, although parents are encouraged to consider what is fair and in the best interests of the child. This can include taking into account both parents’ incomes, the child’s living costs, and any special requirements they might have.
Many parents choose a private child maintenance agreement because it can be quicker, more flexible, and less stressful than going through official channels. It can also help maintain a cooperative relationship between parents, which is often better for the child’s wellbeing. However, it relies on both parents being able to communicate and reach a mutual understanding. If disagreements arise or if one parent does not keep to the agreement, there is no automatic legal enforcement, although the agreement can be made legally binding if both parties wish.
Regular and reliable financial support is essential for a child’s welfare, covering everyday needs such as housing, food, clothing, and education. Private agreements play a crucial role in ensuring children get the support they need, especially when parents are able to work together amicably.
For a broader overview of the rules, options, and legal responsibilities around supporting children financially in the UK, visit our child maintenance page.
Benefits of Private Child Maintenance Agreements
When parents choose to set up a private child maintenance agreement, they can benefit from a range of practical advantages compared to using government-run services. Here’s a closer look at the main benefits:
Flexibility Tailored to Your Needs
One of the biggest advantages of a private agreement is flexibility. Parents can decide together on the payment amount, how often payments are made, and the method of payment. This allows both parties to consider their unique circumstances, such as changes in work schedules, income fluctuations, or special costs for the child like school trips or medical needs. For example, you might agree to pay a higher amount during school holidays or split costs for extracurricular activities.
Less Formality and Faster Setup
Unlike the statutory child maintenance service, which can involve formal applications, waiting periods, and strict procedures, private agreements can be arranged quickly and informally. Parents can have a simple conversation or put their agreement in writing without needing to fill out lengthy forms or wait for government processing. This can be especially helpful if you want to start supporting your child financially without delay after a separation.
Cost Savings
Using the government’s Child Maintenance Service (CMS) often involves application and ongoing collection fees. For example, as of 2024, there’s a £20 application fee, and ongoing collection charges can apply if the CMS has to manage payments. By making a private arrangement, you can avoid these costs entirely, ensuring that more money goes directly to supporting your child.
Greater Control Over the Agreement
Private agreements give parents full control over the terms. You can decide what expenses are covered, such as school uniforms, childcare, or holidays, and adjust the agreement as your child’s needs change. This control can make the arrangement feel fairer and more responsive, as both parents can negotiate terms that suit everyone involved. If circumstances change, such as a parent’s income or the child’s needs, you can update the agreement together without waiting for government approval.
Common Questions
Is a private agreement legally binding?
A private child maintenance agreement is not automatically legally binding. However, you can make it legally enforceable by turning it into a court order, known as a “consent order.” Otherwise, the agreement relies on trust and cooperation between parents.
What if circumstances change?
One of the key benefits is the ability to update your arrangement easily. If either parent’s situation changes, you can discuss and revise the agreement as needed, without formal processes.
Can we get help agreeing on terms?
If you’re struggling to agree, you can seek help from a mediator or solicitor. While this may involve some cost, it can still be less expensive and quicker than using the government service.
In summary, private child maintenance agreements offer a practical, cost-effective, and flexible way for separated parents to arrange financial support for their children, with the freedom to tailor the arrangement to their family’s unique needs.
How to Create a Private Child Maintenance Agreement
Creating a private child maintenance agreement allows parents to decide together how financial support for their child will be managed, without the involvement of government services. Here’s how you can approach setting up such an agreement:
1. Start with Open and Honest Communication
The first step is for both parents to discuss their expectations and needs regarding financial support. It’s important to keep the child’s best interests at the heart of these conversations. Consider practical matters such as the costs of housing, food, clothing, schooling, and any special requirements your child might have.
2. Agree on the Key Details
A strong private child maintenance agreement should clearly set out the following:
- Payment Amount: Decide how much will be paid. This can be a fixed sum or based on what the child needs and each parent’s financial situation.
- Payment Frequency: Agree how often payments will be made (for example, weekly or monthly).
- Payment Method: Choose a method that works for both parties, such as bank transfer or standing order, to keep records of all transactions.
- Other Expenses: Consider whether additional costs, such as school trips or medical expenses, will be shared and how.
Putting all these details in writing helps avoid misunderstandings later on.
3. Put the Agreement in Writing
While verbal agreements are legally valid, a written agreement provides clarity and evidence of what was agreed. This document can be as simple or detailed as you like, but it should cover all the points discussed above. Both parents should sign and keep a copy.
4. Consider Legal Advice
Although many parents manage to create private arrangements themselves, it can be helpful to seek legal advice – especially if your situation is complex or if you want the agreement to be legally binding. A solicitor can help draft a formal agreement or, if needed, turn it into a court order.
5. Review the Agreement Regularly
Circumstances change as children grow. It’s a good idea to review your agreement periodically, or whenever there’s a significant change in your family’s situation, to make sure it still meets everyone’s needs.
Understanding Your Legal Duties
Both parents have a legal duty to support their child financially, which is part of their parental responsibility. Private agreements rely on trust and cooperation, so it’s essential to be open and fair throughout the process.
By following these steps, you can create a private child maintenance agreement that works for your family – helping to provide stability and support for your child’s future.
Calculating the Amount for Private Child Maintenance
When arranging a private child maintenance agreement, one of the most important steps is deciding how much should be paid. Unlike statutory arrangements, private agreements allow parents to set their own terms, but it’s crucial that the amount chosen is fair and meets the needs of the child.
Key Factors to Consider
When calculating the amount, both parents should think carefully about:
- The income of the paying parent: The amount should reflect what the paying parent can reasonably afford, taking into account their regular earnings and any changes in financial circumstances.
- The needs of the child: This includes everyday living costs such as food, clothing, housing, school expenses, and any special requirements like healthcare or extracurricular activities.
- Living arrangements: If the child spends time living with both parents, payments might be adjusted to reflect shared care.
- Other children: If either parent has other children to support, this may also affect what is fair and reasonable.
Using Government Guidelines as a Reference
Even though private child maintenance agreements are flexible, it’s a good idea to use official guidance as a starting point. The government provides clear rules on how maintenance payments are calculated in statutory cases. You can refer to the calculation of payment amounts for a breakdown of how income, number of children, and other factors are considered. Using these guidelines can help ensure your private agreement is fair and avoids future disputes.
Flexibility and the Child’s Best Interests
Private agreements offer flexibility, but the main priority should always be the child’s well-being. Parents can agree to pay more than the minimum suggested by government calculators if the child has extra needs, or adjust the amount if circumstances change. It’s important to review the agreement regularly, especially if there are changes in income, living arrangements, or the child’s needs.
Practical Tips
- Be clear and specific: Write down the agreed amount, how and when it will be paid, and any circumstances that might trigger a review.
- Keep records: Maintain a record of payments and any changes to the agreement.
- Communicate openly: If circumstances change, discuss adjustments promptly to avoid misunderstandings.
By considering these factors and using official guidance as a reference, parents can create a private child maintenance agreement that is both fair and focused on the best interests of their child.
Managing and Changing Private Child Maintenance Agreements
Managing a private child maintenance agreement requires regular attention to ensure it continues to meet your child’s needs and reflects both parents’ current circumstances. Life can change unexpectedly – whether it’s a new job, a reduction in income, additional children, or changes in your child’s expenses, it’s important to keep your agreement up to date.
Responding to Changes in Circumstances
If either parent’s financial situation changes, or if the child’s needs increase (for example, due to education or health costs), you should review your agreement as soon as possible. Open and honest communication is key. Discuss the changes together and agree on any necessary adjustments to the amount or frequency of payments.
Common changes that might prompt a review include:
- One parent’s income increasing or decreasing significantly
- The child starting or finishing full-time education
- Additional children being born to either parent
- Changes in living arrangements or contact schedules
- New or unexpected expenses, such as medical costs
The Importance of Keeping Agreements Updated
A private arrangement is only effective if it reflects your current situation. Outdated agreements can lead to misunderstandings and disputes. By reviewing your agreement regularly – at least once a year or whenever a significant change occurs – you can help prevent disagreements and ensure your child continues to receive appropriate support.
It’s a good idea to keep a written record of any changes you agree to, including the date and details of the new arrangement. This can help avoid confusion later on.
Formalising Changes to Avoid Disputes
While many private agreements are informal, you may wish to formalise any changes for added clarity and security. This can be done by:
- Writing down the new terms and having both parents sign and date the document
- Seeking legal advice to draft or review the updated agreement, especially if the changes are significant or complex
If you find it difficult to reach a new agreement, or if disputes arise, you may consider involving the Child Maintenance Service or seeking a court order. For guidance on how to make formal changes, see our page on changing a maintenance order.
By proactively managing and updating your private child maintenance agreement, you can help ensure it remains fair, workable, and focused on your child’s best interests.
What to Do if Payments Are Missed or Disputed
When a private child maintenance agreement is in place, both parents are expected to stick to the terms they have agreed. However, sometimes payments are missed or disputes arise. Here’s what you can do if this happens:
Try to Resolve Issues Directly
The first step is to communicate openly and calmly with the other parent. Often, missed payments are due to misunderstandings, temporary financial difficulties, or changes in circumstances. Discuss the issue as soon as possible to find out what has caused the problem and whether the arrangement needs to be adjusted. Keeping a written record of your conversations and any changes you agree can help avoid confusion later.
Consider Mediation or Legal Advice
If talking things through doesn’t resolve the issue, you might want to consider family mediation. A trained mediator can help both parents reach a new agreement or resolve disagreements about payments. Mediation is usually quicker, less stressful, and less expensive than going to court. In some cases, getting independent legal advice can also help you understand your rights and options.
When Private Resolution Fails: Government Enforcement Options
If private efforts don’t work and payments continue to be missed, you can ask the government to step in. The Child Maintenance Service (CMS) offers enforcement and collection services. This means they can help collect payments directly from the paying parent and take action if payments are not made. For a detailed explanation of how these processes work, including what steps the CMS can take and what fees might apply, see our guide on enforcement and collection.
Frequently Asked Questions
What if the paying parent’s circumstances change?
If the parent responsible for payments has a change in their financial situation, it’s important to discuss this as soon as possible. You may be able to agree on a temporary or permanent change to the payment amount.
Can I go straight to the Child Maintenance Service?
You are free to apply to the CMS at any time if private arrangements break down or if you feel your child is not receiving the support they need.
Is a private agreement legally binding?
Private child maintenance agreements are not automatically legally enforceable. However, if both parents wish, they can apply to court to make the agreement legally binding through a consent order.
If you are struggling to resolve payment issues, remember that early communication and seeking help can make a significant difference. For more information on your options, including government support, visit our page on enforcement and collection.
Related Topics and Additional Support
When considering a private child maintenance agreement, it’s important to understand the wider context of child support and the resources available to help you make informed decisions. Below, you’ll find links to topics and additional support that address common questions and challenges parents may face.
If you find that a private arrangement isn’t suitable or breaks down, you can explore official options by applying for child maintenance. This provides a formal process through the Child Maintenance Service (CMS), which can help calculate, collect, and transfer payments if parents are unable to reach or maintain a private agreement.
For those interested in how the official system works, the child maintenance process outlines the steps involved, from application to payment, and explains the timelines you can expect.
Sometimes, disputes or disagreements arise – either about the amount of maintenance or the way it’s managed. If you use the Child Maintenance Service and disagree with a decision, you can learn more about your options for appeals and disputes, including how to challenge calculations or enforcement actions.
Certain situations may affect how much maintenance should be paid. For example, if there are extra costs related to a child’s care – such as medical needs or travel expenses – these may be considered as special expenses in child maintenance. Understanding what qualifies as a special expense can help you negotiate a fair agreement or make your case to the CMS.
Maintenance responsibilities don’t always end when a child turns 18, particularly if they are in full-time education or have a disability. For guidance on your obligations and rights, see the section on maintenance for adult or disabled children.
Child maintenance often goes hand-in-hand with broader child arrangements, such as where your child lives, how much time they spend with each parent, and who is responsible for their day-to-day welfare. Understanding your parental responsibilities can help ensure your child’s needs are fully met, both financially and emotionally.
Beyond legal and financial considerations, parents may need support in other areas. If separation or changes in circumstances affect your living situation, you may be eligible for housing assistance, which can provide stability for you and your child.
Balancing work and parenting responsibilities can also be challenging. You have rights to request workplace accommodations and flexible working arrangements, which can help you manage your commitments and support your child’s wellbeing.
By exploring these related topics and resources, you can make informed decisions and access the support you need at every stage of arranging child maintenance and caring for your child’s future.
