How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to verify every requirement before, during, and after creating your child maintenance agreement.
✅ Preparing Your Maintenance Agreement
1. Before starting: Gather income details, list all children covered, decide payment amounts
2. While completing: Verify every section against all 52 compliance points
3. Before signing: Ensure both parents understand and agree to all terms
⚠️ Why Private Maintenance Agreements Save Money
📋 CMS Fees Are Expensive: The Child Maintenance Service charges receiving parents 4% and paying parents 20% on every payment through their "Collect & Pay" service. For £400/month over 10 years, that's approximately £11,520 in fees.
⚖️ Family-Based Arrangements Cost Nothing: Private agreements between parents cost £0 to maintain. All money goes to supporting your children, not paying government fees.
🎯 Essential Elements: Parent details, children details, regular maintenance amount and frequency, payment method and dates, what's included/excluded, additional expenses, review mechanism, variation procedure, arrears provisions, dispute resolution.
💼 Can Become Legally Binding: You can convert your private agreement into a court-approved Consent Order for legal enforceability without losing the flexibility benefits.
🚫 Critical Maintenance Agreement Requirements
Use CMS Calculator as Baseline: Check gov.uk/calculate-child-maintenance to ensure fairness. Be Specific About Amounts: Vague terms like "reasonable contribution" cause disputes. Include Review Dates: Children's needs change — build in annual reviews. Cover Additional Expenses: School costs, childcare, activities beyond regular maintenance. Both Parents Must Sign: Agreement only works if both parents consent and commit.
🔵 Understanding Importance Levels
🔴 Critical: Must have — required for agreement to work and prevent disputes
🟡 Important: Should have — protects both parents and provides clarity
🔵 Recommended: Nice to have — best practice for comprehensive coverage
Paying Parent's Full Legal Name
Complete legal name of parent who will pay child maintenance. Must match their official documents and bank account. Identifies who is financially responsible for regular payments. Include all names as they appear on ID.
🔴 Critical
Paying Parent's Address
Full residential address where paying parent lives. Necessary for legal notices and correspondence. If address changes, notify other parent immediately to maintain agreement validity.
🔴 Critical
Contact Details
Mobile phone number and email address for paying parent. Essential for communication about payments, children's needs, and agreement changes. Allows receiving parent to contact about missed payments or urgent child expenses.
🔴 Critical
Employment Status and Income?Why include income? It contextualises the agreed amount. If paying parent earns £50k and pays £400/month, that's reasonable. If self-employed with variable income, state how amount was calculated (e.g., "based on average of last 3 years"). Helps future reviews.
Current employment status (employed, self-employed, unemployed) and approximate gross annual income. Helps contextualise agreed maintenance amount. If self-employed or variable income, state basis for calculation. Relevant for future reviews.
🟡 Important
Receiving Parent's Full Legal Name
Complete legal name of parent who will receive child maintenance. Must match their bank account details for payments. Identifies who receives payments on behalf of children. Include all names as they appear on ID.
🔴 Critical
Receiving Parent's Address
Full residential address where receiving parent and children primarily live. Necessary for legal notices and correspondence. If address changes, notify other parent immediately to maintain agreement validity.
🔴 Critical
Contact Details
Mobile phone number and email address for receiving parent. Essential for communication about children's needs, additional expenses, and agreement reviews. Allows paying parent to confirm receipt of payments.
🔴 Critical
Bank Account Details for Payments?Include: Account name (must match receiving parent's legal name), sort code, account number. For building societies, include roll number. Standing orders need accurate details. Double-check digits — wrong account number means failed payments and disputes.
Bank account name, sort code, and account number where maintenance payments should be sent. Must match receiving parent's name. Standing order or bank transfer payments need accurate bank details. Include building society roll number if applicable.
🔴 Critical
Full Names of All Children Covered
Complete legal names of all children for whom maintenance is being paid. List each child separately with full names. Agreement covers these specific children only — siblings born later need separate agreement or amendment.
🔴 Critical
Dates of Birth?Why dates of birth matter: They determine when maintenance ends for each child. Typically: 16th birthday (if not in education), or end of full-time education (up to 20). Different children = different end dates. Also relevant for age-appropriate additional expenses.
Date of birth for each child (day, month, year). Determines when maintenance obligation ends — typically 16 or when full-time education ends (up to 20). Different children may have different end dates based on age.
🔴 Critical
Where Children Primarily Live
State which parent children primarily live with. Confirms receiving parent has main day-to-day care. If shared care arrangement (children live with each parent substantial time), state percentage split — this affects maintenance calculations.
🟡 Important
⚡
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Exact Maintenance Amount?Be precise: "£400 per calendar month" not "about £400" or "reasonable amount". Use CMS calculator (gov.uk/calculate-child-maintenance) as benchmark. For multiple children, state total or per-child breakdown. Vague amounts = future disputes.
Specific amount to be paid (e.g., £400 per calendar month or £100 per week). Must be clear and unambiguous — avoid vague terms like "reasonable amount." State total if multiple children, or per-child breakdown if amounts differ.
🔴 Critical
Payment Frequency
How often payments are made: weekly, fortnightly, monthly, or other agreed schedule. Monthly is most common. Weekly payments suit variable income. Must specify whether calendar month or 4-week period.
🔴 Critical
Payment Dates?Common options: "1st of each month", "last working day of each month", "every Friday". State what happens if date falls on weekend/bank holiday: "next working day" or "preceding working day". Clear dates prevent "you're late" disputes.
Specific date(s) when payments are due: "1st of each month," "every Friday," "15th and last day of month." Clear dates prevent disputes about late payment. State what happens if date falls on weekend/bank holiday.
🔴 Critical
Payment Method?Recommended: Standing order (automatic, creates clear record). Bank transfer works but relies on manual action. Cash? Get signed receipts every time — "I gave you £400" vs "No you didn't" disputes are common. Avoid cheques (bounce risk).
How payments will be made: standing order, bank transfer, cash, cheque. Standing order is recommended — automatic and creates clear payment record. If cash, obtain signed receipts. Include reference for bank transfers.
🔴 Critical
First Payment Date
When first maintenance payment is due. May be pro-rated if starting mid-month. Establishes when obligation begins. Clear start date prevents confusion about first payment amount and timing.
🟡 Important
When Payments End?Standard end points: Child turns 16 (if not in education), child finishes A-levels/college (typically 18), child completes approved training (up to 20). University? Not automatically covered — state whether you'll continue or negotiate separately.
When obligation ends for each child: typically 16th birthday, end of full-time education (up to 20), or when child leaves full-time education. Different children may have different end dates. State what happens if child continues to university.
🟡 Important
Day-to-Day Living Costs
Regular maintenance covers child's day-to-day needs: housing contribution (mortgage/rent), utilities, food, general household costs. This is the baseline regular payment. Clarifies what paying parent's contribution covers.
🔴 Critical
Clothing and Footwear
Regular maintenance includes normal clothing and footwear needs. Covers everyday clothes, shoes, winter coats. Does not necessarily include expensive branded items or special occasion outfits — these may be additional expenses.
🟡 Important
Pocket Money and Entertainment
Regular maintenance includes reasonable pocket money and basic entertainment. Covers age-appropriate pocket money, occasional treats, basic toys/games. Does not include expensive gifts, holidays, or major purchases.
🔵 Recommended
What's NOT Included (Excluded Items)?Common exclusions: School uniform, school trips, childcare, medical/dental beyond NHS, extracurricular activities, birthday parties, Christmas gifts. Listing exclusions clearly prevents "I thought that was covered" arguments later.
Clearly state what regular maintenance does NOT cover: school costs, childcare, medical/dental, extracurricular activities, special occasions. These are additional expenses dealt with separately. Prevents disputes about what's included.
🔴 Critical
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School Costs?School costs add up: Uniform (£100-300/year), books, trips (£20-500 each), sports equipment. State split ratio clearly: "50/50" or "proportional to income" or "paying parent covers uniform, receiving parent covers trips". Specify approval threshold for big expenses.
How school costs are shared: uniform, books, trips, sports equipment. State whether 50/50 split, proportional to income, or one parent pays specific items. Must agree in advance or obtain consent for costs over certain amount (e.g., £50).
🔴 Critical
Childcare Costs?Childcare can be expensive: Nursery (£800-1500/month), after-school club (£50-100/week), childminder. If receiving parent works, childcare enables that work. Common split: 50/50, or proportional to incomes, or paying parent covers work-enabling childcare.
How childcare costs are shared if receiving parent works: nursery, after-school club, childminder, holiday clubs. State split ratio (50/50, proportional). Childcare often significant expense — clear agreement essential.
🔴 Critical
Medical and Dental Costs
How medical/dental costs beyond NHS are shared: prescription charges, dental treatment, opticians, orthodontics. State whether pre-approval needed for non-emergency treatment over certain amount.
🟡 Important
Extracurricular Activities
How costs of activities are shared: sports clubs, music lessons, dance classes, Scouts/Guides. State whether both parents must agree before committing to activity. Specify maximum number of activities or cost cap.
🟡 Important
Special Occasions and Major Expenses
How costs for birthdays, Christmas, religious celebrations, school prom handled. State whether split, who buys what, or spending limits. Prevents duplication and manages expectations about expensive items.
🔵 Recommended
School Uniform and PE Kit
How school uniform costs are shared. Typically renewed annually or as child grows. State whether 50/50 split or one parent covers. Include PE kit, school bags, shoes. Can be significant expense especially secondary school.
🟡 Important
School Trips and Residential Visits?School trips range from £20 day trips to £500+ foreign trips. Residential trips (PGL, Duke of Edinburgh) can be £300-800. State: "Trips under £100 — split 50/50. Trips over £100 — both parents agree before committing."
How costs of school trips are shared: day trips, residential trips, foreign trips. State whether both parents consent to expensive trips over certain amount (e.g., £100). Some trips cost hundreds of pounds — clear agreement essential.
🟡 Important
After-School Clubs and Activities
How costs of after-school clubs are shared if they're childcare necessity rather than optional activity. Breakfast club, after-school club until parent finishes work. Different from optional extracurriculars.
🟡 Important
Holiday Childcare
How holiday childcare costs are shared during school holidays: holiday clubs, summer camps. Essential if receiving parent works. Can be significant expense over 13 weeks school holidays. State split and advance notice requirements.
🟡 Important
⚡
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You've Done the Research. Now Finish It.
Complete maintenance agreement template — all clauses included, professionally drafted.
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→
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Complete Bank Details
Full bank details for receiving parent: account name, sort code, account number. Must match receiving parent's name exactly. Include building society roll number if applicable. Essential for standing order or bank transfer setup.
🔴 Critical
Payment Reference
Agreed payment reference for bank transfers: "Child maintenance for [child names]" or similar. Helps identify payments clearly. Prevents confusion if multiple transactions. Essential for payment tracking and records.
🟡 Important
Confirmation of Receipt
How receiving parent will confirm receipt: email confirmation, text message acknowledgment. Prevents disputes about whether payment was made. Particularly important for cash payments or if standing order fails.
🔵 Recommended
Proof of Payment Records
Both parents keep payment records: bank statements, receipts, payment confirmations. Paying parent should retain proof of all payments made. Receiving parent tracks payments received. Essential evidence if disputes arise.
🔴 Critical
Regular Review Date?Children's needs increase as they grow: teenage years cost more than toddler years. Annual review ensures maintenance keeps pace. Common: "Review each January" or "Review on eldest child's birthday". First review typically 12 months from start.
When agreement will be reviewed: annually on specific date (e.g., each January), or on child's birthday. Children's needs increase as they grow — regular reviews ensure maintenance keeps pace. First review date typically 12 months from start.
🔴 Critical
Triggers for Earlier Review
Circumstances requiring review before scheduled date: significant income change (promotion, redundancy), child's needs change (medical condition, educational needs), change in caring arrangements. Either parent can request review if trigger occurs.
🟡 Important
Variation Procedure?Variations must be in writing, signed by both parents. "We agreed to change it" verbal agreements don't count and cause disputes. Document every change: "Variation dated [date]: Maintenance increased from £400 to £450 per month from 1st February 2025. Signed: [both parents]"
How agreement can be changed: both parents must agree in writing, changes documented in written amendment signed by both parents. No unilateral changes — protects both parents. Verbal variations not binding — must be in writing.
🔴 Critical
Income Changes
How significant income changes are handled: paying parent's income increases/decreases by more than 25%, receiving parent's income changes significantly affecting childcare needs. State whether automatic adjustment or negotiation required.
🟡 Important
Notice Requirements for Changes
How much notice must be given before changes take effect: typically 1 month written notice. Gives both parents time to adjust financially. Changes effective from next payment date after notice period ends.
🟡 Important
Late Payment Procedure?Example procedure: "If payment not received by due date, receiving parent will text/email within 3 days. Paying parent has 7 days to make payment or explain delay. If not resolved within 14 days, see dispute resolution clause." Grace period for genuine bank errors.
What happens if payment is late: receiving parent contacts paying parent within 3 days, paying parent has 7 days to make payment or explain delay. Communication before escalation. Grace period for genuine mistakes.
🟡 Important
Arrears Interest or Charges
Whether interest charged on late payments and at what rate. Typically no interest for first missed payment, but subsequent arrears may incur charges. Or state no interest charged — encourages goodwill. Prevents debt accumulating.
🔵 Recommended
Payment Plan for Arrears
How arrears will be repaid if they accumulate: additional amount added to regular payments, lump sum repayment, or agreed schedule. Prevents insurmountable debt. Shows commitment to clearing arrears while maintaining regular payments.
🟡 Important
Consequences of Persistent Non-Payment
What happens if payments persistently missed: receiving parent may apply to CMS for enforcement, or apply to court for Consent Order. Private agreement works through cooperation — persistent breach may require legal intervention.
🟡 Important
Mediation as First Step?Family mediation typically costs £100-150 per session per person. Much cheaper than court. Mediation Information and Assessment Meeting (MIAM) is required before court anyway. Agreement to mediate first shows good faith and often resolves issues quickly.
Commitment to attempt mediation before legal action if disputes arise. Mediation often resolves disagreements about payments, additional expenses, or variations. Less expensive and faster than court. Both parents agree to participate in good faith.
🟡 Important
Communication Protocol
How parents will communicate about maintenance: email for formal requests/notices, text/phone for day-to-day matters. Keeps communication businesslike and documented. Prevents misunderstandings. All variations in writing.
🔵 Recommended
Escalation Process
Steps if direct communication fails: discuss calmly, attempt mediation, seek legal advice, apply for Consent Order or CMS involvement. Clear process prevents immediate escalation to legal action. Gives relationship chance to resolve issues.
🔵 Recommended
Record Keeping
Both parents keep records of all payments, additional expenses, communications about maintenance. Essential evidence if disputes arise or mediation/court involvement needed. Include bank statements, receipts, emails, text messages.
🔴 Critical
Agreement Start Date
Date when maintenance obligation begins and first payment is due. From this date, agreement terms are binding. Usually separation date or when parents agree to formalise arrangements. Clear start date prevents confusion.
🔴 Critical
End Conditions?Standard end points: Child turns 16 (if not in full-time education), child finishes A-levels (typically 18), child completes approved training (up to 20), child marries/enters civil partnership, child starts full-time employment. Different children = different end dates.
When obligation ends for each child: 16th birthday unless in full-time education, up to 20th birthday if in approved education/training, when child marries or enters civil partnership, when child starts full-time employment.
🔴 Critical
Early Termination or Notice
How agreement can be ended early if circumstances change dramatically: both parents agree in writing, or either parent gives notice to move to CMS instead. Typically 1 month notice required. Cannot unilaterally stop payments without proper process.
🟡 Important
Both Parents' Signatures?Both parents must sign. Unlike a will, witnesses not required for private maintenance agreement (though recommended). Each parent keeps a signed original copy. Signatures confirm both understand and agree. Electronic signatures acceptable for private agreements.
Both paying parent and receiving parent must sign agreement. Signatures confirm both parents understand and agree to all terms. Without both signatures, agreement is not valid. Each parent should keep signed copy.
🔴 Critical
Date Agreement Signed
Date when both parents sign agreement. May differ from start date if signed in advance. Important for record keeping and determining when review dates occur. Both parents should date their signatures on same date if possible.
🔴 Critical
⚡
Instant Download
You've Done the Research. Now Finish It.
Complete child maintenance agreement template — all clauses included, professionally drafted.
Fill in your details in minutes and you're done.
£10 — Own It Forever
Create Your Agreement Now
→
✅ 30-day money-back guarantee*
Preview before you buy • Lifetime updates • No subscription
Next Steps
Now that you've reviewed the compliance checklist, you have two options:
✅ Use Our Ready-Made Template
Create your child maintenance agreement with our professionally drafted template. Covers all 52 compliance points with payment terms, additional expenses, review provisions, and dispute resolution. Available in both Smart Interview (guided) and Classic Editor (direct editing) modes for just £10. Preview the full template with watermark before you buy. Get the template →
📝 Create Your Own Agreement
Use this checklist as your guide, but remember that vague terms can cause disputes — e.g. "reasonable expenses" without specific amounts means arguments later, missing payment dates creates confusion, no review mechanism means outdated terms. Either parent can apply to CMS if the private agreement breaks down.
🔗
Official Government Resources
Frequently Asked Questions
General information about child maintenance agreements in England & Wales
Do I need a solicitor?
Many parents complete private maintenance agreements without one. Our template is based on UK family law and includes clear guidance for typical arrangements. Consider review for complex circumstances, high incomes, or existing court orders.
Is a private agreement legally binding?
Private maintenance agreements are binding between the parties but cannot be enforced through the courts like a consent order. Either parent can apply to CMS at any time, which would supersede the private agreement. However, most private agreements work well when both parents are committed.
How much should I pay?
The CMS calculator on GOV.UK provides a guideline based on gross income: 12% for one child, 16% for two, 19% for three or more, reduced for shared care. Private agreements can be higher or lower than CMS rates if both parents agree. Many parents use the CMS figure as a starting point.
What if circumstances change?
Good agreements include review mechanisms for changes in income, living arrangements, or children's needs. Either parent can request a review at any time for significant changes. Without agreement on changes, either parent can apply to CMS for an assessment.
What happens if payments stop?
If the paying parent stops paying under a private agreement, the receiving parent can apply to CMS for enforcement. The CMS has powers to take money directly from wages or benefits. This is why having clear written records of agreed amounts and payment dates is essential.
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Disclaimer: This checklist is for general informational purposes only and does not constitute legal advice. While we strive to keep information accurate and up to date, family law is complex and subject to change. Every family situation is unique. Last updated: May 2026.
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