What Happens If the Other Parent Doesn't Pay Child Maintenance?
When a parent refuses to pay agreed or assessed child maintenance, there are legal mechanisms to enforce payment, including through the Child Maintenance Service.
Quick Answer
If the other parent refuses to pay child maintenance, you can apply to the Child Maintenance Service (CMS) to have it assessed and collected. The CMS has significant enforcement powers including deductions from earnings, bailiff action, and even disqualification from driving. Court-ordered maintenance can be enforced directly through the family court.
Full Explanation
Child maintenance is money paid by the non-resident parent to the parent with whom the child lives, to contribute to the costs of bringing up the child. It can be arranged in three ways: by agreement between the parents ('family-based arrangement'); through the Child Maintenance Service; or by a court order (less common, mainly used where the CMS cannot act, such as for children in full-time education over 16, or where income exceeds the CMS cap).
The CMS administers the statutory child maintenance scheme in England and Wales. If parents cannot agree maintenance privately, either parent can apply to the CMS. The CMS will calculate the amount using a formula based on the paying parent's gross income and the number of nights the child spends with each parent. For the 'Collect and Pay' service, the CMS collects payments from the paying parent and passes them to the receiving parent, for a fee.
Where a paying parent fails to pay, the CMS has extensive enforcement powers that do not require separate court proceedings in most cases: deductions from earnings (ordering the employer to deduct maintenance); deduction orders from bank accounts; bailiff action; referral to the magistrates' court which can impose fines, disqualify the parent from driving for up to two years, or impose a curfew order; and in the most serious cases, application to the court for a committal to prison order.
If maintenance is set by a private agreement or a consent order of the family court (rather than through the CMS), enforcement is different. A court order can be enforced through the family court by: an attachment of earnings order; a judgment summons (seeking a committal order for wilful refusal); or registering the arrears as a judgment debt and using county court enforcement methods.
It is important to keep records of all payments received and missed. The CMS can recover arrears going back to the date of the application. Legal advice is available if the enforcement situation is complex.
Legal Basis
- §Child Support Act 1991 (CMS jurisdiction and powers)
- §Child Support, Pensions and Social Security Act 2000 (enforcement powers)
- §Child Maintenance and Other Payments Act 2008
- §Matrimonial Causes Act 1973 (court-ordered maintenance)
- §Children Act 1989, Schedule 1 (maintenance for children of unmarried parents)
What To Do
Apply to the Child Maintenance Service
If no maintenance arrangement is in place, apply to the CMS. The CMS can calculate and collect payments. There is a fee for the Collect and Pay service but it provides enforcement powers that private arrangements do not.
Report Arrears to the CMS
If you are using CMS Collect and Pay and payments have stopped, report the missed payments immediately. The CMS can take enforcement action without you needing to do anything further.
Apply to Enforce a Court Order
If maintenance is set by a court order, apply to the family court for an attachment of earnings order or a judgment summons for arrears. You can also transfer the arrears to the county court as a judgment debt for enforcement via bailiffs or other methods.
Investigate Hidden Income
If you believe the paying parent is hiding income or assets to reduce the CMS calculation, provide the CMS with relevant information. The CMS can investigate and, in some circumstances, take a variation application into account.
Seek Family Law Advice
Contact a family law solicitor or Citizens Advice if the situation is complex — for example, if there are international elements, large undisclosed assets, or the paying parent is self-employed with complex income arrangements.
Important Warnings
A private maintenance agreement is not directly enforceable through the CMS — you would need to apply for a new CMS assessment or go to court.
Pursuing arrears does not affect your right to ongoing maintenance — you can claim both.
If the paying parent lives abroad, enforcement is complex and depends on international agreements.