From 27th October 2008 parents, regardless of whether the parent with care of the children is in receipt of benefits (i.e. income support and other similar benefits), can choose to either pay child maintenance through the Child Support Agency (now part of the new Child Maintenance and Enforcement Commission (CMEC) or reach a private agreement with the other parent for child maintenance.  Prior to 27th October 2008, if the parent with care of the child or children was in receipt of benefits, a referral had to be made to the CSA.

Parents with care also can now retain up to £20 per week (instead of £10 per week) of any child maintenance payments before it affects their level of benefits.

The changes mean that all parents now have the freedom to close their case with the CSA and instead agree their own private arrangments.  If a parent with care is receiving benefits they must, however, inform the benefit agency of the amount received as child maintenance through a private agreement.

Any private agreement is not automatically legally enforceable, which means that if the non-resident parent failed to pay maintenance at any time under an agreement, the parent with care has no power to enforce the agreement.  If there was a dispute or either parent was unhappy about the agreement, either could apply to the CSA for a maintenance calculation.  However, if there is a Consent Order that has been made within divorce proceedings dealing with child maintenance, this prohibits either parent from applying to the CSA for one year from the date of the Order.

An impartial service called Child Maintenance Options (go to www.cmoptions.org) has been set up to assist and advise parents on their options for child maintenance.

Enhanced enforcement powers are also due to come into effect from 2009/2010, which will supplement the CSA’s existing powers.  The purpose of the enhanced powers will be to help enforce payments from a reluctant payer.

A new scheme to calculate child maintenance is also due to come into effect from 2011.   The new scheme will use a calculation based on the non-resident parent's gross income.