Child Maintenance F a mily- b a s e d A r r a ng e m e nt F o r m I’ve split up with my partner and I really don’t know what to do… I ONLY WANT WHAT’S BEST FOR THE KIDS I’m confused about who pays what for the children… C hild m a inte na nc e a nd f a mily - b a s e d arrangements What is child maintenance? All parents have a responsibility to provide financially for their child even if they live apart from the child and the other parent. Child maintenance is regular, reliable financial support that helps towards the child’s everyday living costs. The parent who is not the child’s main daytoday carer pays child maintenance to the parent who is the main carer. Who we are Child Maintenance Choices provides impartial information and support to help parents make informed choices about child maintenance. Child Maintenance Choices is a service provided by the Child Maintenance Service, which provides impartial information and support about all the different child maintenance options available. What is a familybased arrangement? If you and the other parent can agree on how to provide child maintenance for your child without getting the courts or the Child Maintenance Service involved – this is called a familybased arrangement. If you feel able to work with the other parent, then this could be an option for you. If you are not the parent of a child but you do provide the main daytoday care for that child, you can also put in place a familybased arrangement with the parent who is not the main carer. 2 Why is it a good idea? If you can make a familybased arrangement, it can help to keep things on good terms with the other parent. It costs nothing to set up and nobody else needs to be involved. Plus, the two of you may be able to agree new terms, quickly and easily, as your circumstances change. Is a familybased arrangement right for me and my child? You know your situation better than anyone else. If you, as parents, think you can make an arrangement between yourselves, it may be worth trying. If that’s not possible, then you can ask the Child Maintenance Service to put an arrangement in place which can be enforced. What if there is more than one child involved? If you’ve got more than one child with the same parent, you may be able to make an arrangement for all of your children at the same time. Our familybased arrangement form has space for up to 6 children. If you have children with more than one person, you will have to make an arrangement with each of them individually. Working out a right figure In a familybased arrangement, you don’t have to follow a strict formula to work out child maintenance. You and the other parent could agree on a weekly figure or include voluntary payments which are not money paid from one parent to the other, but where one parent pays for things like taking your child on holiday, buying school uniforms and clothes, food, fees or home repairs. The important thing is that the final familybased arrangement is one you both agree on and one that provides reliable financial support to help towards your child’s everyday living costs. If you need help calculating the amount of maintenance to pay, based on income call us on 0800 028 7439. 3 Agreeing how often Once you’ve both agreed on how much the maintenance payments will be, you need to decide how often they’re going to be paid. It could be weekly, every two weeks, every four weeks or monthly – whatever suits both of you best. Some people find it easier to budget by paying or receiving maintenance payments at the same time as salary or benefits come into the bank account. Again, whether this is best for you will depend on your circumstances. How to make or receive payments There are lots of different ways to make or receive the payments. It can be done by standing order, by cheque, by cash or via a Money Transfer Service such as Paypal or Moneygram. More information on using a Money Transfer Service can be obtained from our website www.nidirect.gov.uk/choices. A standing order is the best way of making sure the payments are made in full, on time and are recorded on paper. If you both agree to use cheque or cash, make sure you keep written records of all payments. Keeping a written record Whatever you both agree, it’s vital that you put it down clearly in writing so there is no misunderstanding. Even though it may not be a legally binding document, signing your names to a written arrangement like this familybased arrangement form is a strong sign of your personal commitment. What if my circumstances change? Things change over time, so you may want to review your arrangement from time to time, to take any changes into account. Both parents should agree on a reasonable time to discuss things together again. How often you choose to review your arrangement will depend on your own circumstances (for example, changes to your employment, new relationships and living arrangements). 4 Keeping up payments One downside to a familybased arrangement is that it’s not usually legally binding or enforceable. If the parent who is supposed to pay fails to pay the agreed amount, or your familybased arrangement fails for any reason, another option is for you to use the Child Maintenance Service, we will talk you through your choices on 0800 028 7439. What if the other parent doesn’t do what is agreed? If your familybased arrangement breaks down talk to the other parent or call us at Child Maintenance Choices for information on renegotiating your arrangement. If that doesn’t work we can talk you through your other choices such as use of the Child Maintenance Service and the benefits the use of this service may provide. Call us on 0800 028 7439 or visit www.nidirect.gov.uk/choices if you’d like to find out more. 5 Discussion Guide S te p O n e – W h a t d o y o u w a n t to ta lk a b o u t? Things to think about You may want to list the issues you wish to talk about. This could be anything from paying child maintenance, taking your child on holidays or paying for school uniform. What are your priorities? Looking at your list, which issues do you feel are more important to sort out than others? You might both agree on simple issues that are low priorities, so consider starting with these to find some common ground. What is your ideal outcome? You probably won’t get it, but what do you really want for each issue? What will you settle for? Successful discussions are all about compromise. If you and the other parent both have realistic goals with the child’s interests at heart, you might be able to reach a compromise faster than you expect. S te p Tw o – H o w d o y o u w a nt to ta lk ? If you are communicating with the other parent already, how would you rate it? Is it usually very good, good, fair, difficult or very difficult? If you are not communicating now, might you be able to in the future? Think about the things that get in the way at the moment and how you could change them in the future. 6 If you don’t feel you can communicate at all, then consider using the Child Maintenance Service. If things change you can start to communicate and change your arrangement. Give Choices a call on 0800 028 7439 and we’ll talk you through your options. When you talked in the past, what worked best? Thinking about any things you agreed on in the past, did you find things you could agree on and did you find things you couldn’t? What worked for you and what didn’t? What have you agreed on recently? Maybe it was just something small like a change to the time your child was dropped off or an arrangement to share the cost of a school trip. What might make your discussion difficult? Are you still angry with each other? Do either of you find it difficult to say what you want? Try to avoid this happening again and remember you’ll be having this discussion for the good of your child. How would you prefer to communicate? Would it be best to communicate with the other parent facetoface or by letter, email, phone or through friends? Would the other parent want to communicate in a different way? If you want to talk facetoface where would it be best to meet? You could meet in your house, the other parent’s house or at a friend or relative’s home. Would it be better to meet in a public place? Would it be useful to have someone else at the meeting? Some people like to have a mediator or friend with them when they meet the other parent. Would this help either of you? Many parents find it easier to write down what they want to say. 7 S te p T h r e e – P u ttin g y o u r id e a s f o r w a r d How will you tell the other parent about your ideas? Will you write your proposals down, or just tell them? Will you give all your ideas at the same time, or individually? Will you give alternatives? What ideas do you think the other parent will suggest? They will have views on what kind of arrangement they want. Look at the ideas you have written down. How closely do you think they’ll match the other parent’s plans? Which ideas do you think will be the hardest to agree on? Some issues will be more complicated and important than others. S te p F o u r – A g r e e in g o n y o u r p la n s How will you know what you have decided on? You will both need to know what you have decided on. How will you be sure? Some parents find it useful to formally record arrangements so you can both refer back to them. Would this be helpful for you? If you decide to record your arrangements, how will you do it? Will you write your arrangement down or ask another person to witness your arrangement? Will you each keep a copy of a written arrangement or will you pass it to someone to look after? Why not use the familybased arrangement form from Child Maintenance Choices? If you find that you can’t reach an arrangement between yourselves, maybe leave that point, and agree to discuss it later with a mediator present. 8 Do you want your arrangements to be legally binding? Familybased arrangements are not normally legally binding, but the courts could make it more enforceable. Do you think this would be helpful in your situation? How long will your arrangements last for? Situations and needs change, so most arrangements are only useful for a limited time. Do you think it would be useful to agree on review dates? How will you know if your arrangements are working? Write down the key points that will help you decide whether or not your arrangement is working. If any of your arrangements break down how will you deal with it, is there anything that you could agree now that would make it easier to talk about problems in the future? How will each of you propose any changes that you want to make? Your children’s needs and your own needs will change over time. How will you go about changing your arrangements? What do you want to negotiate on? You may find it useful to make a list of all the different things that you might need to make arrangements about. If you are unsure of where to start with this list you may wish to consider using headings such as Issues, Priority, Ideal Outcome, What would you settle for and Putting forward your ideas. 9 T h e c o s t o f r a i s i n g yo u r c h i l d The following pages can help you start thinking about the things you want to include in your familybased arrangement form. The things your child needs will depend on their age, so the items listed are just suggestions to help you make a start. They may cover things you don’t want to be in your arrangement and there may well be things you want to add. Think about the cost of each item and then note down the cost to mum and the cost to dad. Then work out the maintenance contribution that will be made. This might be as simple as splitting the difference or you may want to vary it according to the amount of money you each earn. Baby – daytoday items As well as the daytoday costs of bringing up a baby, there are a range of other costs that you will need to think about. lf your relationship is fairly cooperative, many of the items listed here, such as buggies and car seats, may be shared. However, this isn’t possible in all cases or with all items. lt is important to make sure that your baby has everything that they need whether they are with mum or dad. You may also want to include other items in your arrangement such as savings for their future and holidays. Food – agree an amount for each of your baby’s meals and then work out how many mealtimes you will each be providing for your baby. Nappies – work out how many nappies your baby needs each week and then think about how many you will each need for the time that your baby is with you. Childcare – will either of you need to pay for childcare? This can be expensive. 10 Toiletries and medicines – it’s important that you have all of the necessary toiletries and medicines to keep your baby healthy and happy. Decide which ones will travel with your baby and which need to be held permanently in each house. Toys, books and other play items – the cost of play things for babies need not be high, but make sure that your child has enough toys. Remember, it’s important that your baby’s favourite thing, a teddy or soft blanket for example, is with your baby wherever they are. Other (list any other items that you feel you want to include). Other items you may want to consider could be a cot, bedding, pram or buggy, car seat, high chair, baby monitor and changing/feeding/ bathing equipment. Younger child – daytoday items As well as the daytoday costs of bringing up a child, there are a range of other costs that you will need to think about. lf your relationship is fairly cooperative, many of the items listed here may be shared. However, this isn’t possible in all cases or with all items and it is important to make sure that your child has everything that they need whether they are with mum or dad. You may also want to include other items in your arrangement such as savings for their future and holidays. Food – work out how many meal times you will each be providing for your child and the kinds of meals you have agreed to provide. lt can be a good idea to work out and agree a set amount for each of the main meals of the day. Childcare – will either of you need to pay for childcare, such as after school clubs? This can be an expensive item. 11 Clothing – think about your child’s clothing needs. Some parents choose to have two sets of clothing while others prefer to share. You might need to include school uniform, sports kits etc. Think about your own circumstances and decide what will be best for you and your child. Toiletries and medicines – it’s important that you have all of the necessary toiletries and medicines to keep your child healthy and happy. Decide which ones will travel with your child and which need to be held permanently in each house. Toys, books and other play items – it’s important for your child to have the things that they need whether they are with mum or dad. Your child may be able to take larger toys, such as computer laptops or bikes, between homes. Travel – think about any travel costs your child may have such as getting to school and clubs. Activities – lots of children take part in a range of activities such as swimming, dance or music lessons, football and other outdoor clubs or youth clubs. Other items you may want to consider could be trips out with friends, haircuts, school trips, a computer, or a bike. Older child and teens – daytoday As well as the daytoday costs, there are a range of other costs that you will need to think about. lf your relationship is fairly cooperative, many of the items listed below may be shared. However this isn’t possible in all cases or with all items and it is important to make sure that your child has everything they need, whether they are with mum or dad. You may also want to include other items in your arrangement such as savings for their future and holidays. 12 Food – work out how many meal times you will each be providing for your child and the kinds of meals you have agreed to provide. lt can be a good idea to work out and agree a set amount for each of the main meals of the day. Clothing – think about your child’s clothing needs. Some parents choose to have two sets of clothing while others prefer to share. You might need to include school uniform, sports kits etc. Think about your own circumstances and decide what will be best for you and your child. Older children will often want more expensive clothes – try to agree how you will deal with this. Toiletries and medicines – older children and teens will need hygiene products. Girls will usually want beauty products and older boys will need shaving equipment. Entertainment – think about the costs of things such as magazines, trips to the cinema, meals in town with friends, DVDs and MP3 downloads. Travel – think about any costs your child may have such as getting to school or college and other regular activities. Other items you may want to consider could be trips out with friends, haircuts, school trips, a computer, or a bike. 13 O u r fa m ily- b a s e d a r r a ng e m e nt What we’ve agreed about child maintenance for our children. A. Our children Who we’re responsible for: Our first child Full name Date of Birth / / / / / / Address Our second child Full name Date of Birth Address Our third child Full name Date of Birth Address 14 Our fourth child Full name Date of Birth / / / / / / Address Our fifth child Full name Date of Birth Address Our sixth child Full name Date of Birth Address 15 B. The parents Who made the arrangement and agreed to follow it: Mother Full name Address Phone Email Income £ Father Full name Address Phone Email Income 16 £ C. The payments If you need help calculating the amount of maintenance to pay, call us on 0800 028 7439. For our first child Full name Date of Birth / / Who pays? How much? £ How did you reach the final amount? How often? (e.g. once a week, once a month, twice a year) First payment date / / (e.g. last working day of the month) Paid by (e.g. cash, cheque, standing order, etc) Voluntary payments (e.g. holidays, school fees or uniforms, lessons, clothes, etc) Value £ How often? Review date / / 17 C. The payments If you need help calculating the amount of maintenance to pay, call us on 0800 028 7439. For our second child Full name Date of Birth / / Who pays? How much? £ How did you reach the final amount? How often? (e.g. once a week, once a month, twice a year) First payment date / / (e.g. last working day of the month) Paid by (e.g. cash, cheque, standing order, etc) Voluntary payments (e.g. holidays, school fees or uniforms, lessons, clothes, etc) Value £ How often? Review date 18 / / C. The payments If you need help calculating the amount of maintenance to pay, call us on 0800 028 7439. For our third child Full name Date of Birth / / Who pays? How much? £ How did you reach the final amount? How often? (e.g. once a week, once a month, twice a year) First payment date / / (e.g. last working day of the month) Paid by (e.g. cash, cheque, standing order, etc) Voluntary payments (e.g. holidays, school fees or uniforms, lessons, clothes, etc) Value £ How often? Review date / / 19 C. The payments If you need help calculating the amount of maintenance to pay, call us on 0800 028 7439. For our fourth child Full name Date of Birth / / Who pays? How much? £ How did you reach the final amount? How often? (e.g. once a week, once a month, twice a year) First payment date / / (e.g. last working day of the month) Paid by (e.g. cash, cheque, standing order, etc) Voluntary payments (e.g. holidays, school fees or uniforms, lessons, clothes, etc) Value £ How often? Review date 20 / / C. The payments If you need help calculating the amount of maintenance to pay, call us on 0800 028 7439. For our fifth child Full name Date of Birth / / Who pays? How much? £ How did you reach the final amount? How often? (e.g. once a week, once a month, twice a year) First payment date / / (e.g. last working day of the month) Paid by (e.g. cash, cheque, standing order, etc) Voluntary payments (e.g. holidays, school fees or uniforms, lessons, clothes, etc) Value £ How often? Review date / / 21 C. The payments If you need help calculating the amount of maintenance to pay, call us on 0800 028 7439. For our sixth child Full name Date of Birth / / Who pays? How much? £ How did you reach the final amount? How often? (e.g. once a week, once a month, twice a year) First payment date / / (e.g. last working day of the month) Paid by (e.g. cash, cheque, standing order, etc) Voluntary payments (e.g. holidays, school fees or uniforms, lessons, clothes, etc) Value £ How often? Review date 22 / / D. Our promise We’ve both read this arrangement carefully, and agreed to it. By signing here, we promise to uphold the arrangement, for the sake of our children. If either of us is unable to keep to this arrangement, for any reason, we agree to let the other parent know. Mother Signed Name (please print) Date / / Father Signed Name (please print) Date / / This is not a legal document but signing the arrangement is a clear statement of our commitment to our children. Review date / / 23 To contact Child Maintenance Choices: • call 0800 028 7439* or 0800 783 8416* (Minicom), 9am5pm Monday to Friday • text Choices to 66101† • visit our website at www.nidirect.gov.uk/choices • email [email protected] This leaflet is also available in other languages, in large print, in Braille and on audio cassette. You can get these formats by calling us on 0800 028 7439*. * † You may be charged by your provider. Standard network rates apply. CMC002 January 2014
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