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

If you're currently going through the Child Maintenance Service (CMS) and wondering whether you can leave and set up a private arrangement instead, the short answer is yes. Many parents choose to do this, and the CMS allows parents to close their case and make their own arrangements.

What is a private arrangement?

A family-based arrangement is a private agreement where both parents decide on child maintenance terms without involvement from the CMS or any other government body.

This can work well when both parents are able to communicate reasonably and trust each other to stick to what has been agreed. It also avoids the fees that the CMS charges to both parties when they collect and manage payments.

Private arrangements are flexible, accommodating various contributions like cash, school uniforms, clubs, or holiday costs. As long as both parents are satisfied with the arrangement, it can take whatever form suits your circumstances. Keeping records such as bank statements, receipts, or written confirmations of what has been agreed can help if questions arise later.

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How the rules have changed

When the Child Support Agency (CSA) was still running, parents with care who received certain benefits faced significant pressure to use the statutory system. That is no longer the case. The CMS replaced the CSA, and the rules were updated to give parents more choice.

If you or the other parent receives benefits, you can still opt for a private arrangement. However, the practicality of this depends on how maintenance payments interact with your specific benefits. The parent with care is allowed to keep a portion of any maintenance received before it affects their benefit payments. For current figures on how maintenance interacts with benefits, check the GOV.UK website, as thresholds can change.

This change made private arrangements more accessible to more parents, though individual benefit circumstances may vary. Parents with international maintenance cases should also be aware that the CMS has specific arrangements for these situations, which may affect your options.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What to think about before leaving the CMS

Before closing your CMS case, consider these factors.

• Do both parents genuinely agree to the arrangement? A private setup only works if both sides are willing to honour it.
• Is the amount fair? You can use a child maintenance calculator to get a sense of what the CMS would have worked out. This gives you a reasonable starting point for discussions.
• What happens if payments stop? With the CMS, there are enforcement options if a paying parent fails to keep up. With a private arrangement, you would need to return to the CMS or take other steps if things break down. Be aware that there may be a fee to reapply for CMS services.
• How might this affect the children? If arrangements fail, children may be left without adequate support while a new case is established.

There is no legal requirement to have a formal written agreement before leaving the CMS. However, writing down what you have both agreed to can help avoid misunderstandings later. Some parents keep things informal, while others feel more comfortable with something documented, whether that is an email exchange, a letter, or a more detailed written agreement.

If there is any disagreement or complexity, mediation or legal advice can help establish terms that work for both parties.

Notifying the CMS

If you decide to move to a private arrangement, you will need to notify the CMS. This is straightforward and can usually be done by phone or through your online account.

Until your case is officially closed, the CMS will continue to treat it as active. This means they may still attempt to collect payments from the non-resident parent, which can cause confusion if you have already started paying or receiving money privately.

Once the case is closed, the CMS will no longer be involved. If at any point the private arrangement stops working, either parent can ask the CMS to open a new case.

For many families, a private arrangement offers a simpler and more flexible way to handle child maintenance. It removes the fees, allows for tailored agreements, and can reduce conflict when both parents are willing to cooperate. Whether it is right for you will depend on your own situation and the relationship you have with the other parent.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Maintenance Calculator lets you find out how much child maintenance you should pay or receive. Takes less than a minute. Try it now →