Enforcement if paying parent lives in England Wales or Scotland
If you're a separated parent responsible for paying child maintenance and live in England, Scotland or Wales, the Child Maintenance Service can take legal action against you for missing a payment or not paying the amount due. This legal action can force you to pay the child maintenance you owe.
Steps that CMS can take against you
The parent who doesn’t have the day-to-day care (the ‘paying parent’) pays child maintenance to the parent or person who does (the ‘receiving parent’).
Child Maintenance Service (CMS) will contact you to find out why the maintenance wasn’t paid and arrange for you to make payment. If nothing can be agreed, CMS can:
- take money directly from your earnings or pension
- take money directly from your bank, building society or Post Office account
If the maintenance is still not paid or CMS thinks taking either of these two actions is not suitable, they will contact CMS in GB. They can ask them to use enforcement powers, on CMS’ behalf, through the courts, or sheriff’s office if you live in Scotland. If court action is taken, you may have to pay court costs and other charges.
- Enforcement of non-payment of child maintenance
- Early child maintenance payments and payment problems
Court action
CMS in GB will apply to the courts for a 'liability order'. A liability order legally recognises there is a debt to be paid and gives CMS the authority of the court to take action to get the child maintenance owed.
If the liability order is successful, CMS can take legal action against you.
What legal action CMS take depends on whether you live in England and Wales, or Scotland.
CMS action against paying parent living in England or Wales
If you live in England or Wales, the CMS can:
- instruct bailiffs to go to your property, seize your belongings and sell them to get the maintenance owed
- freeze your bank, building society or Post Office account
- freeze money that an individual or business owes you
- ask Land Registry to put a ‘charging order’ against you
- force the sale of a property or asset you own to get the child maintenance owed
CMS action against a paying parent who lives in Scotland
If you live in Scotland, the CMS can:
- ask the sheriff’s officers to issue a demand for payment – this allows you 14 days, or 28 days if you are living temporarily outside the UK, to pay the money you owe or legal action will be taken
- ask the sheriff’s officers to list and value items that belong to you which are kept outside your home or business if self-employed, and can be removed – these can then be sold at public auction to get the money owed
- ask the sheriff’s officers to value and remove items belonging to you that are kept inside the home which can then also be sold at public auction to get the money owed
- freeze your bank, building society or Post Office account
- freeze money that an individual or business owes you
- stop you from selling or transferring any 'heritable property' (house, garage, business premises and land) you own
Further CMS action against a paying parent who lives in either England and Wales, or Scotland
If you still refuse to pay the child maintenance owed, the CMS can request the courts to:
- take away your driving licence or UK passport
- send you to prison for up to six weeks
Even if you're disqualified from holding a driving licence/UK passport or sent to prison, you must pay the money you owe.