The two main options
When parents separate, they have two main options for child maintenance:
- Family-based (private) arrangement: you agree the amount between yourselves
- CMS arrangement: the government calculates, and optionally collects, the payments
Family-based arrangements
A family-based arrangement is when both parents agree an amount without involving the CMS. There are no fees, no government involvement, and you can be more flexible. For example, agreeing to pay for school trips or clothes instead of (or in addition to) a fixed monthly sum.
Advantages:
- No fees for either parent
- More flexible, so you can tailor it to your situation
- Less confrontational, which helps the co-parenting relationship
- Can include non-cash contributions (school fees, clothes, holidays)
Disadvantages:
- No legal enforcement if the paying parent stops paying
- No automatic annual reviews
- Requires both parties to communicate and cooperate
- No official record of what was agreed
Using the CMS
Advantages:
- Legally enforceable, with real consequences for non-payment
- Automatic annual income reviews
- Independent, which takes the emotion out of negotiations
- Can collect and transfer money on your behalf (Collect & Pay)
Disadvantages:
- Fees for Collect & Pay: 20% charge on top for paying parent, 4% deducted from receiving parent
- Slower and more bureaucratic
- Less flexibility, because it uses a fixed formula
- Can increase conflict between parents
Making a private arrangement legally binding: You can make a private arrangement more official by having a solicitor draw up a consent order. Our calculator includes a downloadable private agreement document you can take to a solicitor. This gives you flexibility of a private deal with legal backing.
What if we had a court order?
If you have a consent order or court order for child maintenance, you cannot apply to the CMS until the order is at least one year old. After that, either parent can apply to the CMS regardless of what the court order says.