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.
Explore the different enforcement options available for child and spousal maintenance in the UK, including CMS systems and court orders such as attachment of earnings and warrants of execution. Learn how to ensure compliance and get the financial support you are entitled to.
When a court orders one party to pay child or spousal maintenance following a divorce or separation, the paying individual is legally required to meet their financial obligations. Unfortunately, not all maintenance payments are made as agreed. In such cases, there are various legal avenues available to enforce these payments. This article explains the different enforcement options, providing clear information on what to do if maintenance payments are not being made.
Understanding Maintenance Orders
A maintenance order is a court order that requires one person to pay a specific sum of money to the other, typically after a divorce or separation. This financial support can be for:
- Child Maintenance: Regular payments to help cover the costs of raising children.
- Spousal Maintenance: Ongoing support paid to an ex-spouse, usually when one party is unable to support themselves financially after the divorce.
If either the child or spousal maintenance is not being paid, there are several enforcement mechanisms available to ensure compliance.
Enforcement Methods for Child and Spousal Maintenance
There are a number of options available to enforce maintenance payments in the UK. The process may vary depending on whether the maintenance order was made through the courts or through the Child Maintenance Service (CMS).
1. Direct Payment to the Child Maintenance Service (CMS)
If the maintenance was arranged through the Child Maintenance Service (CMS), the CMS can assist in enforcing payments through their Direct Pay, Collect and Pay, or Direct Pay Plus systems. These services allow the CMS to:
- Direct Pay: The parent receiving the payment and the paying parent handle the transaction themselves, but the CMS can still help with disputes.
- Collect and Pay: The CMS collects payments from the paying parent and transfers them to the receiving parent. If payments are missed, the CMS can take enforcement action.
- Direct Pay Plus: A system that offers more direct support in case of issues with payments.
2. Court Orders for Enforcement
If the maintenance order was made through the courts (rather than the CMS), the following enforcement options may be available:
- Attachment of Earnings Order (AEO): If the paying parent has a regular income, the court can order their employer to deduct maintenance payments directly from their salary before the payments are made to the individual.
- Third-Party Debt Order: The court may order that the paying parent’s bank or building society account be frozen to recover the overdue payments.
- Order for Sale: In cases of significant arrears, the court may order the sale of property, such as a house, to pay the overdue maintenance.
These orders are typically pursued if the paying party refuses or fails to make payments.
3. Enforcement Through the Family Court
If the paying individual refuses to comply with a child or spousal maintenance order, they can be taken back to the Family Court. The court has a range of powers to enforce payments, including:
- Warrants of Execution: The court can send bailiffs to seize assets that can be sold to cover the outstanding maintenance payments.
- Committal Proceedings: In cases of willful non-compliance, the court may imprison the paying party for contempt of court. This is an extreme measure but may be used in cases of serious, ongoing non-payment.
The court can also issue an Order for Payment with interest, making the paying party legally obligated to repay the maintenance with additional interest.
Other Enforcement Actions for Spousal Maintenance
Spousal maintenance is often more complex, as the payments are related to the former spouse’s financial situation. However, if the maintenance is not paid as ordered, the following measures may be pursued:
- Court Orders for the Seizure of Assets: The court may order the seizure of specific assets to ensure payment, including property, vehicles, or other valuable items.
- Bankruptcy Proceedings: If significant arrears exist and the paying party has the means, the court may initiate bankruptcy proceedings, where their assets are used to pay off the debt.
- Charging Orders: If the paying party has a property or land, a charging order can be placed against the property, which could lead to a forced sale to repay the maintenance arrears.
Enforcement Through the Child Support Agency (CSA)
While the CSA was replaced by the CMS, some old CSA cases still exist. In those situations, the CSA can take enforcement action for child maintenance in a similar manner to the CMS, including:
- Direct Payment Arrangements: Payments can be deducted from the paying parent’s wages.
- Court Orders for Seizure: If the CSA cannot collect payments directly, they can enforce the debt through the courts.
What To Do If Maintenance Payments Are Not Made
If you are receiving child or spousal maintenance and payments have not been made as ordered, you should:
- Contact the Paying Parent: Before taking legal action, it may be worth reaching out to the paying parent to try and resolve the situation amicably.
- Contact the CMS or Court: If the payment was arranged via the CMS, contact them for assistance. If the order was made via the Family Court, you may need to file for enforcement.
- Seek Legal Advice: If you are unsure of the best course of action, seek advice from a solicitor specialising in family law. They can guide you through the process and help you determine the most effective enforcement method.
Conclusion
Enforcing child and spousal maintenance is crucial to ensuring that individuals and families are financially supported following a divorce or separation. Whether the maintenance is unpaid due to financial difficulties or willful non-compliance, there are a number of legal measures that can be taken to recover payments. From the CMS's systems to court orders like the attachment of earnings, enforcement is possible and necessary for those who are owed maintenance.
