This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn about the legal remedies available for collecting arrears in child maintenance payments. Discover how the Child Maintenance Service (CMS) and courts can enforce child support payments, including deductions from earnings, asset seizures, and liability orders.
Child maintenance is a crucial financial obligation for parents who are not living with their children. It helps ensure that children receive the financial support they need for their day-to-day care and well-being. However, in some cases, the non-residential parent fails to make the required payments, resulting in arrears. Child maintenance arrears can cause financial strain on the parent receiving the payments and impact the child's needs.
In this article, we explore the legal remedies available for dealing with arrears in child maintenance payments in England and Wales. We'll outline the steps for parents to take, the role of the Child Maintenance Service (CMS), and the various enforcement options available through the legal system.
What Are Child Maintenance Arrears?
Child maintenance arrears occur when the non-residential parent fails to make child maintenance payments in full or on time, as required by either a court order or a CMS assessment. Arrears can accumulate over time if payments are missed, underpaid, or not paid at all.
These arrears can have serious consequences, not only for the receiving parent and child but also for the non-residential parent, as there are legal steps in place to recover the outstanding money. The Child Maintenance Service (CMS) and the courts can take enforcement actions to recover arrears and ensure that payments are made.
How Are Child Maintenance Arrears Calculated?
The amount of arrears is typically calculated based on the original child maintenance order or the assessment made by the CMS. The CMS will track payments and arrears through its system. The arrears will be calculated by determining:
- The total amount of maintenance that should have been paid.
- The amount that has already been paid.
- The amount remaining unpaid.
If a parent has missed payments or made partial payments, the CMS will track the arrears balance and work to recover the outstanding funds. Similarly, if a court has issued a child maintenance order, the arrears will be calculated based on the terms of the court order and any missed or reduced payments.
Legal Remedies for Child Maintenance Arrears
When child maintenance payments are not made, there are several legal remedies available to ensure the arrears are recovered. These include both voluntary arrangements and more formal enforcement measures.
1. Direct Deductions from Earnings
One of the most effective ways to recover child maintenance arrears is through direct deductions from earnings. This process is managed by the CMS, which can instruct the non-residential parent's employer to deduct a portion of their salary or wages to cover arrears.
- How it works: Once arrears have accumulated, the CMS will contact the non-residential parent's employer to make deductions directly from their wages. This ensures that the money is paid regularly and directly to the receiving parent.
- Benefits: This method ensures that arrears are repaid without the need for further action by the receiving parent. It is a highly effective enforcement tool because it guarantees that payments are made before the non-residential parent can access their wages.
2. Bank Account Deductions
If the non-residential parent fails to pay arrears or other child maintenance obligations, the CMS may obtain a liability order from the court. This order allows the CMS to recover arrears directly from the non-residential parent's bank account.
- How it works: Once the CMS has a liability order, they can apply to the court to take money directly from the non-residential parent's bank account or building society account.
- Risks: The non-residential parent may face substantial consequences if the arrears are not paid. In addition to bank account deductions, the CMS can also seize other assets or income if necessary.
3. Enforcement through a Liability Order
If the non-residential parent continues to refuse to pay child maintenance arrears, the CMS can apply for a liability order. This is a court order that makes the non-residential parent legally liable for the debt.
- How it works: A liability order is typically sought when the non-residential parent is not complying with maintenance payments. Once the order is in place, the CMS can take further enforcement action, such as garnishing wages, seizing property, or placing restrictions on the parent's assets.
- Court involvement: In some cases, the non-residential parent may be summoned to appear in court, where a judge will determine whether to impose further penalties or enforcement measures.
4. Seizing Assets
In extreme cases where the non-residential parent has significant arrears and is unwilling to pay, the court or CMS may seek to seize assets to recover the outstanding child maintenance.
- How it works: The CMS can apply for a warrant of execution, which gives them the power to seize and sell assets such as vehicles, property, or valuable items to recover the arrears.
- Risks: The non-residential parent may lose valuable property, including their home, if they fail to repay the arrears. This enforcement action is used only after other methods have been unsuccessful.
5. Enforcement via Bailiffs
If all other attempts to recover child maintenance arrears fail, the court may use bailiffs to enforce the repayment. Bailiffs are authorised to visit the non-residential parent's home to seize and sell assets to repay the arrears.
- How it works: Bailiffs will be sent to the non-residential parent's property to seize items that can be sold at auction to recover the owed child maintenance.
- When it happens: This enforcement action is usually taken after a liability order is issued, and it is one of the last resort measures available to recover arrears.
6. Charging Orders and Property Sale
In cases where significant arrears have accumulated, the CMS or the court may issue a charging order against the non-residential parent's property. This order places a legal charge on the property, which means the property cannot be sold or refinanced without first paying off the arrears.
- How it works: A charging order will be registered against the non-residential parent's property. If the property is sold or refinanced, the proceeds will first go towards repaying the arrears.
- Effectiveness: This remedy is typically used when the non-residential parent has a substantial amount of equity in their property.
When Are Arrears Collected?
The CMS is responsible for collecting arrears and may continue to do so even after the child reaches the age of 16 or 20 if they remain in full-time education. The CMS can continue to recover arrears through direct deductions or other methods until the full amount is paid.
If the child maintenance order was issued by the court, the receiving parent can apply to the court for enforcement at any time until the arrears are cleared.
Potential Risks and Challenges
While the enforcement of child maintenance arrears is an essential part of the system, there are several risks and challenges to consider:
- Non-payment: The non-residential parent may continue to avoid payment, which can prolong the arrears collection process.
- Cost of enforcement: Some enforcement actions, such as applying for a liability order or using bailiffs, may incur additional costs for the receiving parent.
- Impact on relationships: Enforcement actions may strain relationships between the parents, particularly when the non-residential parent faces serious legal consequences, such as the seizure of assets.
Common Questions About Arrears in Child Maintenance
What happens if the non-residential parent refuses to pay?
If the non-residential parent refuses to pay, the CMS or the court can take various enforcement actions, such as wage deductions, bank account seizures, or legal actions to recover the arrears.
Can child maintenance arrears be written off?
In most cases, child maintenance arrears cannot be written off unless there are exceptional circumstances. The CMS and courts will pursue enforcement until the arrears are fully paid.
How long do arrears last?
Arrears can accumulate over time and can remain due for many years if not paid. However, once a child reaches 20 years of age, the CMS will stop collecting arrears unless the child is in full-time education.
The Bottom Line
Child maintenance arrears can create significant challenges for both parents and children. However, there are a variety of legal remedies available to ensure that arrears are recovered. From deductions from earnings to property seizures, the legal system has several enforcement measures in place to collect outstanding payments. Parents struggling with arrears should seek advice from the CMS or a solicitor to understand their rights and the best way to address any outstanding debts.
