Child Maintenance

In the UK, child maintenance is the financial support provided by one parent to another for the benefit of their child or children. The amount of child maintenance to be paid is typically determined by the Child Maintenance Service (CMS), which is part of the Department for Work and Pensions (DWP). The CMS uses a formula to calculate the amount of maintenance based on factors such as the paying parent’s income, the number of children involved, and the amount of time the children spend with each parent.

If there has been a failure to pay child maintenance in the past, and arrears (back payments) have accumulated, there are procedures in place to address this issue. The CMS has enforcement powers to ensure that child maintenance payments are made. These enforcement measures can include:

Deductions from earnings: The CMS can arrange for child maintenance payments to be deducted directly from the paying parent’s earnings, such as their salary or wages.
Deductions from bank accounts: The CMS can also request that child maintenance payments be deducted directly from the paying parent’s bank account.
Taking legal action: In cases of persistent non-payment, the CMS can take legal action against the paying parent to enforce payment of the arrears.
Other enforcement measures: The CMS has additional enforcement powers, such as placing a charge on the paying parent’s property or seizing their assets.

It’s important to note that child maintenance arrears can accumulate interest, and the paying parent may be required to pay additional fees and charges if enforcement action is taken against them.

If you are owed child maintenance arrears, you can contact the CMS for assistance in recovering the payments. They can provide you with information on your options and help you take the necessary steps to enforce payment. Additionally, you may wish to seek legal advice from a family law solicitor who can advise you on your rights and options regarding child maintenance arrears.

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