About private agreements

• How does a private agreement differ from a statutory arrangement using the CSA?

  A private agreement about child maintenance means you and the other parent agree together how you will arrange child maintenance for your child. An arrangement using the CSA means the CSA puts a child maintenance arrangement in place on your behalf. This can be done without the agreement of both parents.

  You can arrange a private agreement in any way that you and the other parent both agree. You don't have to involve anyone other than the two of you. But with a child maintenance arrangement using the CSA, the CSA works to set rules and they tell you how the arrangement will work.

  A private agreement is not generally legally enforceable. With a child maintenance arrangement using the CSA, they can enforce payments if the parent without the main day-to-day care refuses to pay child maintenance or stops paying.

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• Do I have to involve any authorities or anyone else in a private agreement?

  No. Only you and the other parent need to be involved in your private agreement. You don't have to show it to anyone else. The CSA doesn't get involved in private agreements. You can't register a private agreement with any organisation unless it's part of a divorce process. If it is part of a divorce process, you can register a private agreement with a court as part of what is called a Consent Order.

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• How long does a private agreement take to arrange?

  It's completely up to you and the other parent how quickly you reach a private agreement. Once you've got together the information you'll need to calculate a figure for child maintenance, you may be able to agree everything with the other parent in one evening. You could use our child maintenance calculator to get an indication of how much child maintenance you might pay or receive if you had an arrangement using the CSA. You can use this as the starting point for your discussion. You can also use our private agreement form to write down the details of your private agreement.

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• Can a private agreement take into account our personal circumstances?

  Yes. You can arrange a private agreement about child maintenance in whichever way works best for you and the other parent. Before you make a private agreement, you may want to think about any circumstances that might change and affect your private agreement in the future. Read our pages a private agreement and how to make a private agreement.

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• How can I start to discuss child maintenance with the other parent?

  We provide information about talking to the other parent about child maintenance. You can also download our Getting started guide [PDF 473KB] , which gives information about how to negotiate with the other parent. There are also useful organisations you can speak to. Just try to keep in mind at all times that you're negotiating about how to provide for your child's upbringing. The most important thing is that you reach an agreement that you and the other parent can both keep to.

  If you don't feel there's any chance of you and the other parent reaching an agreement about child maintenance, you can ask the CSA to put an arrangement in place for you.

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• How can I know what's happening to the child maintenance money I pay?

  Whether you arrange child maintenance privately or through the CSA, you can discuss with the other parent the kinds of things the money will be spent on. But with a private agreement or an arrangement using the CSA, the parent without the main day-to-day care of the child can't control how the money is spent. If you have a private agreement, it does require a level of trust between you and the other parent.

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• What happens if the other parent stops paying through our private agreement?

  Private agreements are not generally legally enforceable. If the other parent stops paying child maintenance, you could talk to them to find out why they've stopped paying and see what you can do to get them to start paying again. If they refuse to start paying again and you can't find another solution, you can call us on freephone^† 0800 988 0988.

  Or you could ask the CSA to put a child maintenance arrangement in place for you. The CSA can collect payments on your behalf and they can legally enforce payments if the other parent stops paying. Read more about what are my options for child maintenance?

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• How could changes in our circumstances affect child maintenance?

  Personal circumstances can change over time and you may want to plan for possible changes when you're arranging child maintenance.

  Changes that could affect your child maintenance arrangement include:

  • the income of the parent without the main day-to-day care
  • how many children you or the other parent have or support
  • how many nights a week the child spends with each of you.

  If you choose to make a private agreement about child maintenance, you can always alter it if circumstances change for you or the other parent – and you both agree to change the agreement. It's important to let the other parent know as soon as possible if your circumstances change, so they have time to adjust.

  If you choose a child maintenance arrangement using the CSA, you would need to tell the CSA about any changes in circumstances for you or the other parent.

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• How can I alter a private agreement?

  You can always alter your private agreement if circumstances change for you or the other parent – and you both agree to change the agreement. If you do change it, you should write down your new agreement so you're both clear on what you've agreed. You can use our private agreement form to do this. It's important to let the other parent know as soon as possible if your circumstances change, so they have time to adjust.

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^† We offer a callback service because you may be charged by your provider if you use a mobile phone.