Hi Rover
Thank you for your post. I am William, the Child Maintenance Options consultant. I will provide you with some information that may help answer your query.
With regards to agreeing child maintenance with your wife, many parents choose to sort out child maintenance between themselves as it is often the quickest and most amicable way coming to an agreement. We call this a family-based arrangement.
With this type of agreement there are no strict rules to stick to. Therefore, both you and your wife have the flexibility to decide how child maintenance will be calculated and what both of you will include in your agreement. A family-based arrangement does not need to be all about money, although many parents do include financial contributions. Your arrangement can include other kinds of support, such as you directly paying for things that your children need. You also have the flexibility to negotiate any transport costs into your agreement. A family-based arrangement is not legally enforceable, however, my parents prefer this type of agreement because it is very flexible and can easily be reviewed if you or your wife's circumstances change.
To give you an indication of how much maintenance may be calculated if you were to use the services of the Child Support Agency (CSA), there is an online calculator on our website at http://www.cmoptions.org/en/calculator/calculator.asp. You may wish to use this figure as a starting point for your negotiations to make a family-based arrangement.
We also have a range of tools, forms and guides that you may find useful. We have a discussion guide that you can use to help plan your conversations around child maintenance. We also have a family-based arrangement form that is not legally-binding, but can help to formalise your arrangement if you use it to write down what both of you have agreed. You can gain access to all our tools by visiting our website at http://www.cmoptions.org/en/toolbox.
If you find that you are unable to agree on a family-based arrangement, either of you may wish to make an application to the CSA. Under the statutory rules, child maintenance is paid to the parent that is in receipt of the Child Benefit payments (the receiving parent). The CSA works out child maintenance using the paying parent's income, which includes earnings, money from an occupational or personal pension and tax credits. They use the amount of income left after deductions such as Income Tax, National Insurance and any money paid into a personal pension scheme.
The CSA may also look at other factors such as the number of night stays that you will have your children for, per year. They may also look at any transport costs associated with seeing your children. The CSA do not take into account your general bills, living costs or the income of the receiving parent when calculating child maintenance. If you would like more information on how the CSA works out child maintenance, you may wish to view the following document http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198849.pdf.
The CSA offer two schemes: Direct Pay and Collect and Pay. Direct Pay is where the CSA will provide both you and your wife with a child maintenance calculation and then allow both of you to decide the payment method. After this, the CSA will make no further contact unless there is a change in either of your circumstances or if payments have stopped.
Alternatively, under Collect and Pay scheme, the CSA will calculate and collect payments from you, then forward them on to your wife. If this scheme is used, your responsibility to pay will be around the point you are contacted by the CSA. For more information about statutory child maintenance, please visit the CSA's website at http://www.gov.uk/child-maintenance.
An alternative legally-binding agreement to the CSA is a Consent Order, which is an official ruling made by a court. This type of agreement is usually set up when both parents are going to court for another reason, such as arranging a divorce or dividing assets. To arrange a Consent Order, both you and your wife will need to agree how much child maintenance will be paid and how often before going to court. Arranging a Consent Order can be costly as fees for solicitors, mediators and court costs may apply.
If you would like more information about child maintenance, please visit our website at http://www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We also have a Sorting Out Separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: http://www.dad.info/divorce-and-separation/sorting-out-separation.