Under a child maintenance arrangement, child maintenance is usually paid by the parent who does not have day-to-day care of the child or does not usually live with the child. If this payment is not forthcoming, the receiving parent could launch a civil legal claim. However, this option is expensive and still leaves the issue of ensuring the paying parent complies with the judgment. Instead, where possible, you, as the receiving parent, can approach the Child Maintenance Service (CMS), which has wide-ranging powers of enforcement.

What measures can the CMS take if a parent fails to pay?

The CMS can secure payment using a range of powers, including:

• Ordering the paying parent’s employer to make a deduction from their wages or pension
• Instructing the paying parent’s bank or building society to take regular payments or a lump sum from their account
• Taking the paying parent to court to recover arrears via a liability order

What is a liability order?

A liability order allows the CMS to take legal action against the paying parent to recover the debt. They could:

• Negotiate payment using bailiffs, or ask them to seize and sell the paying parent’s belongings
• Use an ‘order for sale’ to sell the paying parent’s assets or property and take the proceeds
• Place the paying parent’s debt on the Register of Judgments, Orders and Fines, which will hinder them from getting a mortgage, credit card or loan
• Revoke the paying parent’s passport or driving licence, or prevent them from getting one
• Send the paying parent to prison

When will the CMS act?

When the CMS will act will depend on whether you reached a private child maintenance agreement or if your agreement was arranged through the CMS.

If you reached a private or ‘family-based’ agreement

If a private arrangement for child maintenance has broken down due to non-payment, the CMS can step in to collect ongoing child maintenance. This is provided the arrangement was made legally binding via a consent order at least 12 months prior. The CMS cannot recoup any arrears the paying parent already owes, though you could approach the court to enforce the consent order and recover the debt.

If you arranged child maintenance through the CMS

If the CMS collects maintenance from the paying parent on your behalf through ‘Collect and Pay’, they will know if payments have been missed. After trying to agree on a repayment schedule with the paying parent, they will use the enforcement measures outlined above to secure the arrears.

If the paying parent has agreed to pay you directly, known as ‘Direct Pay’, the CMS will need to be informed of non-payment before they can take action.

If you have any questions regarding family law contact Zahra Nawaz on 01484 821 474 or at zahranawaz@eatonsmith.co.uk