Child Maintenance Arrears and Enforcement
When child maintenance payments are missed, arrears build up quickly. The CMS has significant enforcement powers to recover unpaid maintenance. This guide explains what happens when payments aren't made and what options exist for both parents.
In This Guide
How Arrears Build Up
Child maintenance arrears are simply the total of missed or short payments. They accumulate whenever:
- A scheduled payment is missed entirely
- Less than the full amount is paid
- Payments are consistently late
Arrears accrue from the date the payment was due. On a £500/month calculation, just three missed payments creates £1,500 of debt.
Important: Arrears don't disappear. Unlike some debts, child maintenance arrears can be pursued indefinitely and don't get written off after a certain time.
CMS Enforcement Powers
The Child Maintenance Service has extensive powers to recover unpaid maintenance:
Deduction from Earnings Order (DEO)
The CMS instructs your employer to deduct maintenance directly from your wages before you receive them. Your employer must comply.
Deduction Order (Bank)
The CMS can take money directly from your bank account - either regular amounts or a lump sum for arrears.
Liability Order
A court order confirming the debt, which enables further enforcement including bailiff action and charging orders on property.
Driving Licence Removal
In serious cases, the court can disqualify you from driving until arrears are paid.
Imprisonment
As a last resort, courts can commit non-payers to prison for up to 6 weeks. This doesn't clear the debt.
For Receiving Parents: Getting Arrears Paid
If you're owed arrears, here's what you can do:
- Report missed payments: Contact the CMS as soon as a payment is missed or late
- Request Collect & Pay: If on Direct Pay, ask to switch so the CMS takes over collection
- Request enforcement: Ask the CMS to use their enforcement powers
- Be patient but persistent: Enforcement takes time, but keep following up
The CMS should pursue arrears automatically, but being proactive helps ensure action is taken.
For Paying Parents: Dealing with Arrears
If you've fallen behind on payments:
- Don't ignore it: Arrears don't go away and enforcement will escalate
- Contact the CMS: Explain your situation and try to agree a payment plan
- Pay what you can: Even partial payments show willingness to comply
- Report income changes: If your income has dropped, request reassessment
- Seek advice: Debt charities like StepChange can help you manage multiple debts
Payment plans: The CMS may agree to a payment plan where you pay current maintenance plus an extra amount towards arrears. This is much better than facing enforcement action.
Can Arrears Be Written Off?
In very limited circumstances, arrears might be reduced or written off:
- Calculation error: If the original calculation was wrong, arrears may be adjusted
- Receiving parent agrees: They can choose to accept a lower amount in settlement
- Debt Relief Order/Bankruptcy: In some cases, maintenance arrears may be included (though ongoing payments are not affected)
Generally, though, arrears must be paid in full. The CMS cannot simply write them off because you can't afford them.
Enforcement Timeline
Enforcement typically escalates in stages:
- Reminder letters and calls (1-4 weeks)
- Deduction from Earnings Order (if employed)
- Bank deduction order (if DEO not possible/effective)
- Liability Order application (court process)
- Bailiff action / Charging Order (post-liability order)
- Driving licence / Passport removal (serious cases)
- Committal to prison (last resort)
Each stage usually requires the previous one to fail or be insufficient. The process can take months or even years in difficult cases.
Frequently Asked Questions
Can I be sent to prison for not paying child maintenance?
Yes, but it's a last resort used only when all other enforcement has failed and the court believes you have the means to pay but are deliberately refusing. Even then, imprisonment doesn't clear the debt.
Do arrears affect my credit rating?
CMS arrears aren't directly reported to credit agencies. However, if a liability order is obtained and registered, or if you have a CCJ, this can appear on your credit file.
What if the other parent dies - do arrears get written off?
Arrears owed at death become a debt of the estate. The receiving parent can claim against the estate for unpaid maintenance.
Can I chase historic arrears from the old CSA?
CSA arrears were transferred to the CMS. If you're owed historic arrears, contact the CMS to check if they're still being pursued.