Enforcement of non-payment of child maintenance

If you’re the paying parent (non-resident parents, 2003 scheme) and miss a child maintenance payment or don’t pay the full amount, Child Maintenance Service (CMS) can take enforcement action against you. You might need to pay for any action CMS takes.

When a parent doesn't pay child maintenance

If you use the CMS Collect and Pay service but don't make a payment or don't pay the full amount, CMS will telephone and write to you. They'll tell you they'll start enforcement action within a week unless you:

  • make an agreement to pay the full amount missed
  • keep to the original child maintenance decision

If you don't make an agreement, CMS can take action to collect the money from you.

Deduction from earnings order/Deductions from earnings request  

If you're employed or get a pension from an employer, CMS can tell them to take money from your wages or pension to pay child maintenance. This is a ‘deduction from earnings order’ (or a ‘deduction from earnings request' if you work in Her Majesty’s Armed Forces). CMS doesn't need to apply to a court to get an order. 

What your employer must do

Your employer must take the amount from your income CMS asked for and send it to them. If your employer doesn't do this, CMS can take them to court. Your employer can also take up to £1 from your earnings every time a deduction is made to cover administration costs.

If your employer can't take the full amount from your earnings or pension (for example because you haven't earned enough in a particular week), the employer must take what they can.

CMS will advise your employer to leave a certain amount to cover your living costs. If your income regularly falls below this level, you should contact CMS. The amount of child maintenance you pay might need to change.

Deductions from bank or building society accounts

CMS can ask your bank or building society to take child maintenance from your account. CMS doesn't need your agreement to do this or ask a court for permission.

The deduction from your account can be:

  • regular payments
  • a one-off lump-sum 

Your bank or building society might charge you an administration fee for each deduction.

Liability order from a court

CMS can take you to court over unpaid child maintenance. They can apply for a court order to take legal action. This is a 'liability order'. If the court grants the order, CMS can then legal action against you.

Parent is employed by  Her Majesty's Armed Forces

If the paying parent (non-resident parent, 2003 scheme) is in Her Majesty's Armed Forces and misses payments, CMS will contact the Ministry of Defence (MoD). They'll ask the MoD  to take the amount owed for child maintenance from the parent's wages. This is a ‘deductions from earnings request’.

Parent receives benefits or a pension

If the paying parent (non-resident parent, 2003 scheme) gets benefits, a State pension or a War Pension, CMS usually takes the amount owed from their benefit or pension.

Employer’s responsibilities

If CMS told an employer to take child maintenance from a paying parent’s (non-resident parent’s, 2003 scheme) earnings but they stop working for that employer, the paying parent must tell CMS.

They must also tell CMS:

  • the name and address of their new employer, if they have one
  • the amount they expect to earn
  • their payroll or employee number, if they have one

Giving false information to CMS

CMS can take you to court where you could be fined up to £1,000 if:

  • you don't give CMS information they need
  • you give CMS information you know is false
  • you don't tell CMS your address has changed

CMS can take this action against people and organisations including:

More useful links

 

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