Child maintenance arrears and enforcement

Child maintenance is a financial arrangement between a parent a child does not normally live with (the non-resident parent or paying parent) and the person who lives with the child and who usually provides day-to-day care for them (the person with care). If they live in Scotland, a child aged 12 to 19 and in full-time non-advanced education or training can apply for child maintenance.

Separated parents can arrange child maintenance themselves under a private ‘family-based arrangement’. Where parents cannot agree, maintenance can be arranged through the Child Maintenance Service (under ‘a statutory arrangement’).

If payments are not made in full or on-time under a statutory child maintenance arrangement, the Child Maintenance Service has a range of powers to collect the unpaid maintenance. This briefing covers how the Child Maintenance Service can collect and enforce arrears under statutory arrangements in England, Wales and Scotland.

Northern Ireland has a similar, but separate, system of child maintenance to the rest of the UK. Section 4 of this briefing provides a brief overview of the enforcement and collection powers in Northern Ireland.

Build-up of arrears

If arrears have been accumulated under the collect and pay system (where the CMS calculates the rate at which maintenance should be paid, but payments are made between parents), the paying parent is usually sent an arrears notice, and caseworkers may negotiate and put in place a repayment plan. Child maintenance payments are a priority debt.

The Child Maintenance Service has said it aims to recover arrears within two years and expects the paying parent to pay up to 40% of their net income to clear them. It may also seek, or accept a proposal of, part-payment in satisfaction of liability for the whole arrears. The written consent of the person with care (or child applicant in Scotland) must be obtained before this is accepted.

The CMS does not monitor payments made under direct pay (where the CMS collects and passes on payments). However, the Department for Work and Pensions states where parents do not pay their liability in full and on time, the person with care should inform the CMS who will “take swift action to move the case to collect and pay to enforce payment and recover any arrears”.

Collection action

Without a court order, the Child Maintenance Service may collect arrears through:

• A deduction from earnings order: An employer deducts payment for arrears direct from the paying parent’s salary.
• A deduction from earnings request: As above, but for the Armed Forces.
• A deduction order: Either a lump sum or regular deductions are made from bank accounts.
• Collection of assets from a deceased paying parent’s estate.

Enforcement powers

With a Court-obtained liability order, the CMS may take the a range of enforcement action. In England and Wales these powers include using bailiffs to take control of goods and applying to the court for an order of sale of an asset once it is registered by a court. In Scotland, powers include requesting a sheriff to make a charge of payment to require payment after 14 days, or freezing assets to prevent them being sold or transferred.

Fees may be charged when the service takes enforcement action against a paying parent who has unpaid maintenance.

Persons with care on direct pay must first transfer their case to collect and pay for the service to bring enforcement action against the paying parent.