Can I Leave the CSA and Come to a Private Arrangement?

Due to recent changes in child support laws and since the Child Maintenance Service (CMS) has replaced the Child Support Agency (CSA), it is possible to come to a private/family-based arrangement about financial provision for your child. Before the change in the law, if a parent with care was on benefit, they were required to use the CSA. Now it is possible to make a private arrangement if you are on benefits, and the parent with care who is on benefits is also entitled to keep more of the maintenance before it has any effect on the benefits they receive.

Of course, resident parents may want to take some time to think this through. If they do not have another definite arrangement in force, and the non-resident parent is simply promising to pay maintenance, they should consider coming to a family-based arrangement. There is no requirement to have an agreement in place before leaving the CSA. It is necessary to keep the CSA informed as to what you decide, however, as otherwise they will continue to try to collect money from the non-resident parent.

Coming to a Private Arrangement

If you are thinking of coming to a family-based arrangement, there are several things you should know. A private arrangement is just that – there are no authorities involved and it is purely an agreement between you and the resident parent. Please also be aware that under an informal family-based arrangement CMS cannot collect arrears on the receiving parent's behalf if and where the paying parent refuses to pay. It is vital, therefore, that you and your ex-partner are able to communicate honestly, openly and calmly with one another for a private agreement to have any chance of working. If you’re able to do this, you’re more likely to co-operate with one another.

Statistically speaking, parents who were not able to come to an arrangement prior to CSA involvement are less likely to be able to agree matters informally. Don’t let that put you off if you both genuinely want to try to make a private arrangement.

Making a Private Arrangement Enforceable

It is possible to create a binding agreement from a private arrangement for Child Maintenance Payments. You’re likely to have to pay a solicitor to do this for you. The terms of your private agreement will be recorded on a document which becomes a consent order in the family courts.

Private arrangements involve a certain level of trust between the parents. Negotiations should therefore focus on the best interests of your child or children, and you should ensure that you have had discussions before coming to a suitable figure. This may mean discussing all the elements of your child’s upbringing that involves cost.

Not only is it important to decide how much money is paid, but you need to decide when and how payments are made. If you have this in writing, you and the other parent are more likely to stick to it. You may also want to make provision in the event that your circumstances change, for example, if you lose your job.

Changes to the CSA

In November 2013 the Child Maintenance Service (CMS) replaced the CSA. If you have an existing case with the CSA they will remain in charge of your case and will continue to manage it. Any new cases will be managed by the Child Maintenance Service. The CMS prefers parents to agree family-based arrangement. You can access a family-based arrangement form/template via the Child Maintenance Service website.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.