Child MaintenanceGuide UK
How It Works7 min read15 March 2025

Private Arrangement vs Using the CMS: Which Is Better?

You don't have to use the CMS to arrange child maintenance. Here's an honest comparison of going private versus using the government service.

The two main options

When parents separate, they have two main options for child maintenance:

  1. Family-based (private) arrangement - you agree the amount between yourselves
  2. 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 - can be tailored to your situation
  • Less confrontational - better for co-parenting relationships
  • 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 - real consequences for non-payment
  • Automatic annual income reviews
  • Independent - 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 - 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.

Frequently Asked Questions

Can I write a private agreement down to make it more official?
You can write it down, but a private agreement is not legally enforceable on its own. You'd need a consent order from a family court or a CMS calculation to have legal backing. Our calculator includes a downloadable document template you can take to a solicitor.
What are the Collect & Pay fees exactly?
The paying parent is charged an extra 20% on top of the maintenance amount. The receiving parent has 4% deducted from each payment. So if £100 is owed, the paying parent pays £120 and the receiving parent receives £96.

Want to know exactly what you'd pay?

Use our free net pay calculator - enter your take-home pay, not gross, for a realistic figure.

Try the Calculator →
Disclaimer: This article provides general information only and is not legal or financial advice. Rules and rates can change - always verify with the official UK government website or seek professional advice.