Child Maintenance Enforcement: What Powers Do The CMS Have?

Summary

Parents have a legal responsibility to financially support their children. Sometimes these arrangements are made privately. In other circumstances, the Child Maintenance Service (CMS) arranges maintenance payments. The CMS can take certain actions when a non-resident parent (sometimes referred to as the "paying parent,") doesn't pay child maintenance on time or in full. In this article, we'll explore what enforcement action the CMS can take, and how they might go about it if a paying parent fails to fulfill their financial responsibilities. If you've arranged child maintenance through the CMS, they can help you if the paying parent stops contributing. However, depending on whether your arrangement uses direct pay or the collect and pay scheme, they may not know this automatically. Therefore, if payments stop, you should tell the CMS as soon as possible. If you've made private arrangements related to child maintenance payment, you should first talk to the paying parent and see if the problem can be resolved. If this isn't possible, or the paying parent outright refuses to pay back what they owe or continue payments, you can get in touch with the CMS and ask them to help collect.

Key information

• •Agree to pay the full missed amount; and
• •Stick to the original child maintenance decision.
• •Taking money directly from their salary (deduction from earnings order or deduction from earnings request);
• •Taking money from the paying parent's bank accounts (deduction order);
• •Taking money from benefits;
• •Collecting assets from a deceased paying parent's estate.
• •Parents have a legal responsibility to financially support their children.
• •Sometimes these arrangements are made privately. In other circumstances, the Child Maintenance Service (CMS) arranges maintenance payments.
• •The CMS can take certain actions when a non-resident parent (sometimes referred to as the "paying parent,") doesn't pay child maintenance on time or in full.
• •In this article, we'll explore what enforcement action the CMS can take, and how they might go about it if a paying parent fails to fulfill their financial responsibilities.
• •If you've arranged child maintenance through the CMS, they can help you if the paying parent stops contributing.
• •However, depending on whether your arrangement uses direct pay or the collect and pay scheme, they may not know this automatically.

Practical guidance

• •Source: [Child Maintenance Enforcement: What Powers Do The CMS Have?](https://lawhive.co.uk/knowledge-hub/family/child-maintenance-enforcement)

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