Child Maintenance Mutual Agreement: Everything You Need to Know
Child maintenance is a critical aspect of divorce and separation cases. It helps provide financial support for children whose parents are no longer together. However, sorting out child maintenance can be a complex and emotional process. Many parents opt for court orders to determine the amount and frequency of child support payments. But, there is another option – a Child Maintenance Mutual Agreement.
A Child Maintenance Mutual Agreement, also known as a CMMA, is an agreement between separated parents on how they will share the cost of their child`s upbringing. This agreement can be formal or informal and can cover expenses such as school fees, clothing, or medical bills.
Benefits of a CMMA
A CMMA can benefit both parents and their children. Here are some advantages of a Child Maintenance Mutual Agreement:
1. Flexibility: Unlike court orders, a CMMA is flexible and can be amended as the child`s needs change. Parents can agree to increase or decrease payments without having to go through a lengthy legal process.
2. Saves time and money: Court proceedings can be lengthy and expensive. A CMMA can be negotiated and reached quickly and without spending thousands of dollars on legal fees.
3. Better communication: In reaching a CMMA, parents are forced to communicate and collaborate. This can lead to better co-parenting relationships and minimises conflicts that may arise.
How to Draft a CMMA
A Child Maintenance Mutual Agreement can be made in writing or orally. However, for legal purposes, it is better to have it in writing. Here are the steps to follow when drafting a CMMA:
1. List all expenses: Discuss all the expenses and how you will share them, e.g. one parent pays for school fees, while another pays for clothing.
2. Include payment frequency: Decide how often payments will be made, e.g. monthly or annually.
3. Include payment method: Decide on the payment method, e.g. bank transfer, cheque or cash.
4. Sign and date the agreement: Both parents should sign and date the agreement, indicating that they are happy with its contents.
Enforcing a CMMA
If one parent fails to pay according to the CMMA, the other parent can seek legal action. However, there are several steps that should be taken before going to court, such as contacting the Child Maintenance Service or calling in a mediator to try and resolve the issue.
In conclusion, a Child Maintenance Mutual Agreement can be an effective way to ensure that children continue to receive financial support after their parents separate. It provides flexibility, saves time and money and can lead to better communication between parents. However, it should only be used if both parents can communicate effectively. If communication is a problem, a court order may be necessary to ensure that the child`s needs are met.