Is a family-based child maintenance agreement legally binding?

No. A family-based arrangement is a voluntary agreement between parents and is not legally enforceable. However, having a clear written record is valuable evidence if you later need to apply to the Child Maintenance Service (CMS) or the court. If you want a legally binding arrangement, you can ask a solicitor to draft a consent order to be approved by the court.

How much child maintenance should I pay?

The CMS uses a formula based on the paying parent's gross weekly income: 12% for one child, 16% for two children, and 19% for three or more. However, in a family-based arrangement, you can agree any amount that both parents consider fair. You may also agree to cover specific additional costs such as school fees, medical expenses, or extracurricular activities on top of a regular payment.

What happens if the paying parent stops paying?

If the paying parent stops making payments under a family-based arrangement, the receiving parent can apply to the Child Maintenance Service (CMS) for a statutory calculation and enforcement. The CMS has powers to deduct payments directly from earnings, seize assets, and take court action. The £20 CMS application fee applies. Alternatively, if you have a consent order from the court, you can enforce it through the court system.

Can child maintenance be changed after the agreement is signed?

Yes. A family-based arrangement can be changed at any time if both parents agree. Common reasons for a review include a change in the paying parent's income, the child starting or leaving school, a change in living arrangements, or the birth of another child. It is good practice to include a review date in your agreement. If you cannot agree on a change, either parent can apply to the CMS.

Does child maintenance continue after the child turns 16?

Under the Child Support Act 1991, CMS maintenance normally continues until the child turns 16, or until they turn 20 if they are in full-time non-advanced education (such as A-levels or equivalent). In a family-based arrangement, parents can agree to continue payments beyond this if they wish, for example while a child is at university. Under Schedule 1 of the Children Act 1989, the court can order maintenance for a child in full-time education or training.

Free Child Maintenance Agreement Template

A child maintenance agreement is a written arrangement between separated parents setting out how much the non-resident parent will contribute towards the financial upkeep of their child or children.

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parent-1

Parent 1 Full Name (Receiving Parent)*

Parent 1 Address*

parent-2

Parent 2 Full Name (Paying Parent)*

Parent 2 Address*

children

Child/Children Names and Dates of Birth*

List each child on a separate line with their full name and date of birth.

Payment Details

Maintenance Amount*

Payment Frequency*

Payment Method*

First Payment Date*

Agreement Review Date*

additional-costs

Include contribution towards school fees

Include contribution towards medical/dental expenses

Include contribution towards extracurricular activities

Include contribution towards school uniform/clothing

Additional Terms (optional)

signing

Date of Agreement*

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CHILD MAINTENANCE AGREEMENT Date: [agreementDate] BETWEEN: Parent 1 (Receiving Parent): [parent1Name] [parent1Address] AND Parent 2 (Paying Parent): [parent2Name] [parent2Address] 1. CHILDREN This agreement relates to the following child/children: [childrenNames] 2. MAINTENANCE PAYMENTS The Paying Parent agrees to pay the Receiving Parent the sum of [maintenanceAmount] [paymentFrequency] for the maintenance and support of the child/children named above. Payments shall be made by [paymentMethod], commencing on [paymentStartDate]. 3. ADDITIONAL COSTS In addition to the regular maintenance payments above, the parents agree to share the following additional costs: Any additional costs not covered above shall be discussed and agreed between both parents before they are incurred. 5. REVIEW This agreement shall be reviewed on [reviewDate], or sooner if there is a material change in either parent's financial circumstances, the child's living arrangements, or any other significant change. 6. VARIATION This agreement may be varied at any time by the written consent of both parents. Either parent may request a review at any time by giving reasonable notice to the other. 7. DISPUTE RESOLUTION If any dispute arises in relation to this agreement, both parents agree to attempt to resolve the matter through discussion. If agreement cannot be reached, the parents agree to seek mediation before applying to the Child Maintenance Service or the court. 8. STATUS OF THIS AGREEMENT This is a family-based arrangement and is not a legally binding contract. Either parent retains the right to apply to the Child Maintenance Service or to the court for a child maintenance order at any time. Signed by Parent 1 (Receiving Parent): ___________________________ [parent1Name] Date: [agreementDate] Signed by Parent 2 (Paying Parent): ___________________________ [parent2Name] Date: [agreementDate]

Important Notes

Legal Disclaimer

Under the Child Support Act 1991, both parents have a legal obligation to provide financial support for their children. The Child Maintenance Service (CMS) can calculate and enforce maintenance payments if a family-based arrangement breaks down. CMS rates are based on the paying parent's gross weekly income: 12% for one child, 16% for two, and 19% for three or more. Under Schedule 1 of the Children Act 1989, either parent can apply to the court for a financial order for the benefit of a child. A family-based arrangement is not legally enforceable as a contract, but a court order or consent order can be obtained to formalise the terms. The government encourages family-based arrangements as they are free to set up (unlike CMS, which charges a £20 application fee and ongoing collection charges). Both parents should seek independent legal advice if they wish to make the arrangement legally binding through a court consent order.

This template is provided for informational purposes only and does not constitute legal advice. For complex legal matters, we recommend consulting a qualified solicitor.

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