This guide is maintained as a current resource for September 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.
Detailed guide to enforcement options for child maintenance arrears in England and Wales: explains how the Child Maintenance Service uses deduction orders, liability orders, bailiffs, charging orders, orders for sale, licence disqualification and custodial sanctions to recover unpaid maintenance.
When a paying parent fails to make child maintenance payments as required, the unpaid amounts (arrears) become a legal debt owed to the receiving parent or carer. In England and Wales the Child Maintenance Service (CMS) has a range of statutory enforcement powers designed to recover these arrears and ensure that children receive the financial support to which they are entitled. This article explains how arrears arise, what enforcement options exist, how the Child Maintenance Service and courts can act, and what practical considerations apply for both paying parents and those owed maintenance.
How Arrears Are Recognised
When maintenance payments are missed or not paid in full under a CMS calculation and pay schedule, the debt becomes child maintenance arrears. Before formal enforcement steps can be taken, the CMS will usually:
- Contact the paying parent to ask for the missed sums and seek an agreement to pay;
- Attempt to collect payments through deduction orders (explained below) where appropriate.
If these informal measures do not lead to repayment, arrears can be pursued using stronger legal mechanisms.
Deduction Orders and Administrative Enforcement
Deduction from Earnings Orders
If a paying parent is employed, the CMS can issue a Deduction from Earnings Order. This instructs the employing organisation to take arrears (and ongoing payments) directly from wages or salary and transfer them to the CMS for onward payment to the receiving parent. Employers do not need a court order to do this.
Deduction Orders from Bank Accounts
For parents who are not in regular paid employment, or where deductions from earnings are unsuitable, the CMS can use bank or building society deduction orders. These allow regular or lump‑sum deductions from accounts held by the paying parent to cover arrears or ongoing maintenance. This can include business, partnership or joint accounts. The CMS must ensure that enough funds remain for essential living costs, and banks may charge administration fees for these deductions.
Administrative Liability Orders
Under recent legislative reform, the Child Support (Enforcement) Act 2023 introduces powers for the CMS to issue administrative liability orders without needing to apply to the Magistrates' Court where deduction orders have not secured arrears. These reforms aim to speed up enforcement and reduce delays associated with court applications.
Court‑Based Enforcement
When previous enforcement steps have not secured payment, the CMS can seek court intervention.
Liability Orders
A liability order is a type of court order recognising child maintenance arrears as a legally enforceable debt. The CMS must apply to the Magistrates' Court (or equivalent court in Scotland) for this order unless administrative powers are used. Once granted, a liability order allows the CMS to pursue a range of further enforcement actions. It also enables registration of the debt on the Register of Judgments, Orders and Fines, which can affect the paying parent's ability to obtain credit.
Enforcement Actions Following a Liability Order
Once a liability order exists, the CMS may take one or more of the following actions:
- Enforcement Agents (formerly bailiffs): Agents can be instructed to visit the paying parent's property to value, seize and sell goods to recover the debt.
- Charging Orders: A court can secure the child maintenance debt against property owned by the paying parent, meaning the debt must be paid when the property is sold.
- Order for Sale: Following a charging order, the CMS can ask the court for authority to sell the property to realise arrears.
- Disqualification Orders: In persistent non‑payment cases, a court may disqualify a parent from holding or obtaining a driving licence or passport for up to two years.
- Custodial Sanctions: Courts may consider committal (imprisonment) for up to six weeks in the most serious cases where a parent wilfully refuses to pay and has capacity to do so.
- Registration and Credit Impact: Registration of the liability order can affect creditworthiness and access to financial services.
These enforcement powers reflect a graduated enforcement approach, starting from earnings and bank deductions through to more serious sanctions only when other methods fail and where the paying parent is deemed able to pay but refusing to do so.
Practical Considerations for Arrears Recovery
Communication and Repayment Plans
Before or during enforcement, the CMS often offers to negotiate repayment arrangements directly with the paying parent. Agreeing a realistic repayment plan can prevent escalation to court action and additional enforcement costs.
Fees and Charges
Enforcement actions can attract administration and enforcement fees, which may be added to the total arrears owed. These may include charges associated with deduction orders or liability orders. Fees vary depending on the type of enforcement step taken.
Appeals and Disputes
If a paying parent believes that arrears have been incorrectly assessed - for example due to calculation errors - they can raise a mandatory reconsideration request with the CMS before seeking formal appeals. Arrears decisions are generally not directly appealable through a tribunal, but mandatory reconsideration ensures a chance to correct errors before enforcement escalates.
Insolvency and Inability to Pay
If a paying parent is unable to pay because of genuine financial hardship or insolvency, enforcement actions may be reconsidered. The CMS and courts take into account the parent's capacity to pay before imposing more severe measures such as charging orders or custodial sanctions.
Common Questions
Can the CMS still enforce arrears if payments were direct between parents?
Yes. If maintenance was paid directly and arrears arise, the receiving parent should inform the CMS. Enforcement powers are usually available only when the CMS has control or management of the maintenance case.
Does a liability order cover ongoing payments?
A liability order covers arrears owed up to the date of the order. Ongoing maintenance payments are separate, and failure to pay them may lead to further liability orders.
Can enforcement actions be challenged?
A paying parent can request reconsideration of arrears calculations or object to a liability order (for example on procedural grounds), but enforcement actions themselves are typically tied to the correctness of the debt recognised by the order.
Key Takeaways
When child maintenance payments fall into arrears in England and Wales, the Child Maintenance Service has a range of enforcement options designed to recover the debt and uphold parents' financial responsibilities. Initial steps often involve deduction from earnings or bank accounts. If these fail, the CMS may seek a liability order from the court, enabling further actions such as instructing enforcement agents, charging orders on property, orders for sale, disqualification from licences, and custodial sanctions in serious cases. The Child Support (Enforcement) Act 2023 introduces powers for administrative liability orders to speed up enforcement. Parents should communicate with the CMS and engage in repayment discussions where possible to avoid escalation. Understanding these enforcement tools helps both paying parents and receiving parents manage arrears and ensure that children receive the financial support to which they are legally entitled.
