Child maintenance is not just a financial responsibility; it’s a legal obligation designed to ensure children are supported by both parents, even when they don’t live together. However, when a parent fails to meet these obligations, the consequences can be severe—not only for the parent owed money but also for the child who relies on that support. In fact, according to the Child Maintenance Service, nearly 1 in 5 separated parents in the UK are not paying their full child maintenance. Non-payment can lead to significant financial strain on the receiving parent and the child, as well as serious legal repercussions for the paying parent.
In this detailed guide, we’ll explore what happens when child maintenance isn’t paid, the enforcement actions available, and the legal framework that governs child maintenance in the UK. We will also highlight expert insights and provide the latest statistics to offer a broader perspective on this issue.
Table of Contents
What is Child Maintenance?
Child maintenance is a regular payment made by the non-residential parent (the paying parent) to the parent with day-to-day care of the child (the receiving parent). This payment helps cover the costs of raising the child, such as food, clothing, housing, and education.
In the UK, the Child Maintenance Service (CMS) is responsible for administering and enforcing child maintenance arrangements, offering services that range from Direct Pay (where parents make arrangements between themselves) to Collect and Pay (where CMS manages payments on behalf of parents).
What Happens If You Don’t Pay Child Maintenance?
Failing to pay child maintenance can lead to various enforcement actions taken by the CMS, which may include penalties and legal measures. The CMS has a wide range of powers to ensure compliance, and they can take action to recover unpaid child maintenance.
1. Enforcement Actions by the Child Maintenance Service (CMS)
If child maintenance payments are missed or incomplete, the CMS can implement a series of enforcement actions to recover the arrears.
Deduction from Earnings Order (DEO)
A Deduction from Earnings Order (DEO) is one of the first steps CMS can take if a parent is employed and misses a payment. With this order, the CMS instructs the parent’s employer to deduct a portion of their salary directly from their wages or pension.
Legal Basis: The CMS does not need a court order to impose a DEO. It is authorized under the Child Support Act 1991.
Employer’s Duty: Employers are legally required to comply with a DEO. Failure to do so could result in the employer facing penalties. Employers can also charge a small administration fee for each deduction.
Deductions from Bank or Building Society Accounts
If a parent is self-employed or if a DEO is unsuccessful, CMS can instruct a parent’s bank to deduct payments directly from their account. This can be a regular deduction or a one-off lump sum.
Legal Authority: This is an enforcement option under the Child Maintenance Service (CMS) Regulations 2012. The CMS can issue these instructions without the parent’s consent or the need for court involvement.
Bank Fees: Banks may charge administration fees for processing these deductions.
If previous attempts to recover payments fail, the CMS can apply for a Liability Order from the courts. A Liability Order grants CMS the legal authority to use more forceful enforcement methods, such as:
Bailiffs: CMS can send bailiffs to seize property to cover the arrears.
Court-Ordered Actions: The CMS can apply for further court orders to seize assets or even deduct payments from benefits or pensions.
Legal Basis: Liability Orders are granted under the Child Support Act 1991 and can be used to take enforcement actions through the courts.
2. Additional Enforcement Actions
Garnishment of State Benefits
In cases where the paying parent is on state benefits, a garnishment order can be placed on those benefits, which means child maintenance payments are deducted directly from their benefit payments.
Benefits Affected: This can include Universal Credit, Disability Living Allowance, and state pensions.
Property Seizure and Legal Penalties
If a parent refuses to pay after a Liability Order has been granted, CMS can take legal steps such as seizing property or assets. Furthermore, the parent can face financial penalties, and in extreme cases, legal proceedings can result in the seizure of the parent’s passport or driving licence.
Expert Insight: “Enforcement actions like property seizure or passport confiscation are serious steps, but they can be necessary in cases where parents are persistently failing to meet their obligations,” says family law expert Caroline Barnes. “The CMS is empowered to take these measures to protect the best interests of the children involved.”
3. What Happens if You Don’t Comply with CMS Requests?
If a paying parent fails to comply with CMS requirements, there are legal consequences. For example, failing to provide accurate information to the CMS or failing to notify the CMS about changes in employment or financial circumstances can result in a fine of up to £1,000 under the Child Support Act 1991.
The Child Maintenance (Collection and Enforcement) Regulations 2012 stipulate that false or misleading information can lead to further legal actions and penalties. This highlights the importance of full transparency with the CMS.
Financial and Emotional Impact of Unpaid Child Maintenance
Financial Strain on the Receiving Parent
When child maintenance is not paid, it places an added financial burden on the receiving parent. This can impact their ability to provide for the child’s needs, including essentials like clothing, food, and educational costs.
Statistics: According to recent reports from the Department for Work and Pensions (DWP), approximately 30% of child maintenance arrears are due to non-payment by the paying parent. In 2021, the total arrears for unpaid child maintenance in the UK amounted to over £1.7 billion.
Emotional and Social Impact
Unpaid child maintenance can also have emotional consequences, particularly for the children involved. Children may experience feelings of insecurity or resentment if they are aware that one parent is not meeting their financial obligations. Additionally, the stress on the receiving parent can affect their ability to provide a stable and supportive environment for the child.
Expert Insight: “Unpaid child maintenance can create tension and stress in family dynamics,” explains child welfare expert Dr. Susan Miller. “It can also exacerbate existing problems, especially in cases where the child maintenance system is the only means of financial support for a parent and child.”
4. Steps You Can Take If You’re Unable to Pay
If you are struggling to pay child maintenance, there are options available:
Contact the CMS: If your financial situation changes, you should inform the CMS immediately. They may be able to adjust your payments to reflect your current income.
Negotiate with the Receiving Parent: If you are on a Direct Pay system, discuss a temporary payment reduction or deferment with the receiving parent. The CMS can also mediate this process.
Seek Financial Advice: If you’re experiencing financial hardship, seek professional advice on how to manage your debts and reduce your payment arrears.
Legal Principles Behind Child Maintenance
Child maintenance laws in the UK are governed primarily by the Child Support Act 1991, which created the system of child maintenance and empowered the Child Maintenance Service (CMS) to enforce payments. The Child Maintenance (Collection and Enforcement) Regulations 2012 further define how CMS can collect arrears and take enforcement actions. These laws ensure that parents have a legal obligation to support their children financially.
Additionally, if a paying parent continues to refuse payment despite enforcement actions, they can face criminal prosecution under the Child Support (Penalty) Regulations 2012.
FAQs
What can I do if my ex doesn’t pay child maintenance?
Contact them directly: Try discussing the missed payments to agree on a catch-up plan.
Involve the CMS: If direct communication fails, the Child Maintenance Service can calculate the amount owed and collect payments for you.
CMS Enforcement: If payments are still missed, the CMS can use actions like Deduction from Earnings Orders or bank account deductions and may even seek a court order for further enforcement.
What happens if a parent ignores child maintenance?
The CMS can send arrears notices and pursue enforcement actions, such as garnishing wages, taking money from bank accounts, or seeking a Liability Order from the court. Severe cases may lead to asset seizure or even imprisonment.
What can I do if my dad refuses to pay child support?
Communication: Try talking to him directly to resolve the issue.
Contact the CMS: If direct communication fails, the CMS can help collect payments and enforce missed payments.
Enforcement measures: The CMS can use Deduction from Earnings Orders, bank account deductions, or legal action to ensure payments are made.
Do fathers legally have to pay child maintenance?
Yes, fathers (or any non-residential parent) are legally required to pay child maintenance if the child is under 16 (or 20 if in full-time education). The CMS can enforce payments if they are missed through legal actions like Deduction from Earnings Orders or Liability Orders.
Conclusion
Non-payment of child maintenance in the UK is a serious issue that can have significant legal, financial, and emotional consequences for both parents and children. The CMS has a variety of enforcement actions available, from deductions from wages to court orders, to ensure compliance with child maintenance obligations( managing-mortgage). If you’re unable to pay, it’s important to communicate with the CMS or the receiving parent as soon as possible to avoid escalating the situation.
For more detailed information on your rights and responsibilities regarding child maintenance, visit the official Child Maintenance Service website.
