When maintenance isn't paid

First steps: communication

Before escalating to formal enforcement, try to find out what’s happening. The paying parent might have:

• Lost their job or had income reduced
• Experienced illness or other difficulties
• Simply forgotten (especially if payments aren’t automated)
• Made a mistake with their bank

A direct conversation or message may resolve things quickly. If the paying parent is facing genuine hardship, you might agree a temporary reduction rather than building up arrears they can’t realistically pay.

Of course, this only works if there’s genuine difficulty. If the paying parent is simply refusing to pay despite having the means, you’ll need to use formal enforcement.

Enforcement options by arrangement type

Your options depend on how your maintenance was set up:

CMS Collect and Pay

If you’re using the CMS Collect and Pay service, enforcement is their responsibility. Contact the CMS to report missed payments.

The CMS has extensive powers to recover unpaid maintenance:

Deduction from Earnings Order: The CMS instructs the paying parent’s employer to deduct maintenance directly from wages before they’re paid. This is automatic and ongoing.

Deduction from Benefits: Maintenance can be taken directly from certain benefits including Universal Credit.

Regular Deduction Order: The CMS can take money directly from bank or building society accounts, either as regular payments or lump sums.

Lump Sum Deduction Order: For arrears, the CMS can take one-off amounts from bank accounts.

Liability Orders: These allow the CMS to take further enforcement action, including:

• Using bailiffs to seize and sell possessions
• Forcing the sale of property
• Taking money from investments

Driving Licence Removal: The court can disqualify the paying parent from driving.

Passport Denial: They can be prevented from obtaining or renewing a passport.

Committal to Prison: In extreme cases of wilful refusal to pay, courts can impose prison sentences of up to six weeks.

The CMS will typically try deduction from earnings first, as it’s the most reliable method. More serious enforcement follows if that doesn’t work.

CMS Direct Pay

If you use CMS Direct Pay (where the CMS calculates the amount but you arrange payment directly), enforcement options are more limited.

If payments stop, you can ask the CMS to move you to Collect and Pay. The paying parent will then face the 20% collection charge, and the CMS can use its enforcement powers.

Contact the CMS on 0800 171 2345 to request this change.

Private arrangement

If you have a private (family-based) arrangement with no CMS or court involvement, you have no direct enforcement powers.

Your options are:

1. Negotiate directly – try to resolve the issue through communication or mediation

2. Apply to the CMS – the CMS can take over from your private arrangement and use its enforcement powers

3. Go to court – you could apply for a court order for maintenance, but this is unusual and the court may simply direct you to the CMS

For most people, applying to the CMS is the practical solution when private arrangements fail.

Court order (from divorce or standalone)

If your maintenance is set out in a court order (such as a consent order from your divorce), you can enforce it through the court system.

Options include:

Attachment of Earnings Order: Similar to the CMS version, this instructs employers to deduct maintenance from wages.

Charging Order: Places a legal charge on the paying parent’s property. They can’t sell without paying what they owe.

Third Party Debt Order: Freezes money in bank accounts and redirects it to you.

Warrant of Execution: Sends bailiffs to seize and sell belongings.

Committal Proceedings: For deliberate contempt of court, the paying parent can be fined or imprisoned.

To enforce a court order, you’ll need to apply to the court with evidence of non-payment. There are fees involved, and you may want legal advice.

Note that after 12 months, either parent can apply to the CMS, which will override the court order. Consider whether CMS enforcement might be simpler than returning to court.

Building up arrears

When maintenance isn’t paid, arrears (the unpaid amount) accumulate. These don’t disappear – the paying parent still owes them.

With CMS cases, arrears are tracked automatically. The CMS can pursue arrears even after the child has grown up and regular maintenance has ended.

With court orders, you’ll need to keep your own records of what’s owed.

With private arrangements, arrears have no legal force – you can’t make someone pay what they didn’t legally commit to. However, when you apply to the CMS, they can only calculate maintenance from the date of your application onwards.

What you shouldn’t do

Don’t stop contact: Child maintenance and contact are legally separate. Withholding contact because maintenance isn’t paid harms your children and can count against you if you later go to court about arrangements.

Don’t harass the paying parent: While it’s frustrating, aggressive demands or threats can damage your co-parenting relationship and potentially constitute harassment.

Don’t involve the children: Never discuss maintenance issues with your children or make them feel responsible for adult financial matters.

Don’t assume the worst: Sometimes there are genuine reasons for missed payments. At least try to find out what’s happening before escalating.

Practical coping while waiting

Enforcement takes time. While you’re waiting for payments to resume:

• Check what benefits you might be entitled to
• Contact your local authority about council tax support
• Speak to your mortgage lender or landlord if you’re struggling with housing costs
• Look into the government’s Household Support Fund
• Contact Citizens Advice for help managing finances

Remember that arrears will still be owed and can be recovered once enforcement succeeds.

When the paying parent genuinely can’t pay

If the paying parent has lost their job or experienced genuine financial hardship, aggressive enforcement may not help – you can’t get blood from a stone.

In these situations:

• The CMS will recalculate maintenance based on reduced income
• You might agree a temporary reduced payment while they get back on their feet
• Building up massive arrears that can never be paid helps no one

The goal is sustainable, regular payments that support your children, not punishment for its own sake. Sometimes flexibility is more effective than enforcement.