Home > Paying Child Support > Enforcement of CSA/CMS Payments

Enforcement of CSA/CMS Payments

By: Lorna Elliott LLB (hons), Barrister - Updated: 18 Mar 2017 |
 
Csa Maintenance Payments Arrears Child

Once the CSA/CMS has made a calculation for child maintenance, it has discretion to stipulate the method by which payments are made, to whom, when and how much should be paid towards any arrears. Notifications of any CSA/CMS decisions relating to payments must be made in writing, and should allow the non-resident parent as well as the person with care to make representations about them.

Payments to the CSA/CMS

In the majority of cases, the CSA/CMS prefer payments to be made directly from the non-resident parent to the person with care – save for when the person with care is on either Income Support or Job Seeker’s Allowance. In this situation, payments are made using ‘the collection service.’ In other cases (i.e. where the person with care is not on benefits) the collection service can be used if one or both of the parties request it. If there are problems with payments, it is possible to request the intervention of the collection service later on.

Under the new rules for child maintenance calculations, if a non-resident parent is on benefits Jobcentre Plus may make deductions at source of flat rate payments, at the request of the CSA/CMS.

When Payments Fall into Arrears

The CSA/CMS only intervenes in cases where payments have fallen into arrears if the collections service is being used. However, it is important to note that by the time the first calculation is made there are always arrears to be paid (because the calculation isn’t made until after the date when payments are due).

When a calculation is first made, the CSA/CMS will telephone the non-resident parent and tell them how the payments should be made, including the arrears. It is during this conversation that the non-resident parent should negotiate if they feel that they are not satisfied with the proposed schedule: this may be particularly pertinent given that the CSA/CMS always request that the initial arrears are cleared by way of a lump sum. (Any voluntary payments that have been made after the effective date can be deducted from the initial arrears.) The arrears are also notified in writing. If they are not paid within seven days of the written notification, the non-resident parent could face fines and enforcement action.

Enforcement Action

If a payment that is due directly to the person with care is missed, they must inform the CSA/CMS so that they can make enquiries as to why the payment has been missed. If a payment that is due to be paid via the agency is missed, the CSA/CMS will follow this up of its own volition. In other cases, a person with care who is on certain benefits may request an increase based on the fact that child maintenance has not been paid.

In these circumstances the CSA/CMS will telephone the non-resident parent to find out whether there is a problem (e.g. a change in circumstances.) If the non-resident parent anticipates that they may find themselves in difficulty over payments, such as an impending redundancy, they should contact the agency in good time to negotiate a reduction. There may be a suspension of arrears temporarily if the non-resident parent is ill, unemployed or incarcerated.

Deductions From Earnings

A Deduction from Earnings Order (DEO) is where payments are deducted from the non-resident parent’s earnings and paid to the CSA/CMS. Voluntary DEOs are available if the non-resident parent requests it: however if they persistently default, fail to keep to arrears arrangements and do not respond to enquiries, a DEO may be imposed. However it is possible to appeal a DEO to a magistrates’ court within 28 days of its imposition, either on the basis that it is defective or that the payments being made to the non-resident parent do not qualify as ‘earnings.’

If a DEO is inappropriate for whatever reason the CSA/CMS can apply to the magistrates court for a liability order. The CSA/CMS has to provide the non-resident parent with 7 days written notice of their intention to apply for this order. Once granted, the CSA can arrange for a county court to enter the order into its register like a judgment debt. This means that the CSA/CMS can pursue a charging order against land, property or other assets, a third party debt order against bank accounts or debts owed to the non-resident parent by a third party.

Disqualification From Driving and Imprisonment

In extreme circumstances, the CSA/CMS may take action to disqualify a non-resident parent from driving and can fix a term of imprisonment (up to six weeks) that is usually postponed to enable regular payments to be made.

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[Add a Comment]
Dean - Your Question:
Hi me and my ex partner agreed on an amount to be paid to her which I have upheld ( it wasn't what the cms advised to pay as I would never be able to afford that ) my ex has now rand cms stating that I haven't been paying the whole amount agreed which I have proof that I have been and now I'm getting letters off the cms stating that I have to pay all this money back to my ex which now amounts to over £1000 my ex has lied to the cms about how much she's getting off me is there anything I can do?

Our Response:
As a rule if you are in a family-based child maintenance arrangement and your ex has never previously approached CMS, then you would not have to pay this money back. However, if your ex approached the CMS who assessed your earnings and specified the amount your should pay and you have paid less, then you would be eligible to pay arrears. If you feel you have been treated unfairly regarding this matter, then your only option would be to appeal/complain, please see link here.
ChildSupportLaws - 20-Mar-17 @ 1:47 PM
Hi me and my ex partner agreed on an amount to be paid to her which I have upheld ( it wasn't what the cms advised to pay as I would never be able to afford that ) my ex has now rand cms stating that I haven't been paying the whole amount agreed which I have proof that I have been and now I'm getting letters off the cms stating that I have to pay all this money back to my ex which now amounts to over £1000 my ex has lied to the cms about how much she's getting off me is there anything I can do?
Dean - 18-Mar-17 @ 12:16 PM
I have been paying child maintenance every month on time every time. I have recently been contacted by the child maintenance service. I have no problem with that. My problem is CMS are disclosing my personal information to my ex partners. Like total wage income and what other children I have and who the parents are. Isn't that data protection.? What rights do I have to keep my personal information away from my ex's. they don't need to know this information and it could be used to gain credit from banks and credit cards. One of my ex's has already gained credit from my information in the past and I had to prove this. They basically know a lot of personal information about me anyway. I've had relationships with them. But my concern is the relationship is over and they only need to know what they are getting paid from me. Nothing more and nothing less.
Mr A - 18-Mar-17 @ 11:57 AM
Debs6122 - Your Question:
Hi thereI contacted the Child Maintenance Service in September 2014 when my daughter was 4 as her father had started working and hadn't given me a penny for her. I received many letters stating dates when my ex had to start paying, these dates came and went and I didn't receive anything. Anyway, I received a text on Sunday 26th of February 2017 stating my first payment had been received and I did indeed receive this 3 days later on Wednesday 1st of March 2017. That was three weeks ago and I haven't had anything since?! My ex said he has paying it for months (which I'm guessing is just another lie), I contacted the CMS and was told that my payments had gone from weekly to monthly.but if he can't/won't pay weekly then am I realistically going to get anything monthly?

Our Response:
If your ex is earning and is eligible to pay child maintenance, then the CMS can enforce this, please see CAB link here.
ChildSupportLaws - 15-Mar-17 @ 10:46 AM
Hi there I contacted the Child Maintenance Service in September 2014 when my daughter was 4 as her father had started working and hadn't given me a penny for her.I received many letters stating dates when my ex had to start paying, these dates came and went and I didn't receive anything.Anyway, I received a text on Sunday 26th of February 2017 stating my first payment had been received and I did indeed receive this 3 days later on Wednesday 1st of March 2017.That was three weeks ago and I haven't had anything since?!My ex said he has paying it for months (which I'm guessing is just another lie), I contacted the CMS and was told that my payments had gone from weekly to monthly...but if he can't/won't pay weekly then am I realistically going to get anything monthly?
Debs6122 - 14-Mar-17 @ 11:28 AM
Wendy - Your Question:
I left my ex due to domestic abuse in 2015. Ironically, he is a social worker, who's gone agency/'self employed' to avoid payment and for 2 years, he has paid nothing. I understand that the matter has now been taken to the bailiffs but why does it take so long for your office to enforce payments?Btw, he does not have any excuse not to pay, he has contact with the kids (which he cancels very often just to hurt me.won't sign the divorce either because he is a control freak). I'm a working parent, with childcare bills running into £10,000 annually. Surely, he can spare the calculated £40/wk (for 2 kids under 5) from his insurance policy on the Range Rover.

Our Response:
We are not part of the CMS and are an independent webiste offering advice, so we cannot answer your question regarding timing and enforcement of payments. However, in the CMS's defence, it becomes difficult to enforce child maintenance orders where non-resident parents use self-employed loopholes in order to avoid making payments (i.e keeping their wages below the annual personal tax allowance and attributing income to expenses etc). The CMS is often blamed for situations that are out of their control and when it is the NRP who is at fault, not the system.
ChildSupportLaws - 13-Mar-17 @ 12:35 PM
I left my ex due to domestic abuse in 2015. Ironically, he is a social worker, who's gone agency/'self employed' to avoid payment and for 2 years, he has paid nothing. I understand that the matter has now been taken to the bailiffs but why does it take so long for your office to enforce payments? Btw, he does not have any excuse not to pay, he has contact with the kids (which he cancels very often just to hurt me...won't sign the divorce either because he is a control freak). I'm a working parent, with childcare bills running into £10,000 annually. Surely, he can spare the calculated £40/wk (for 2 kids under 5) from his insurance policy on the Range Rover.
Wendy - 12-Mar-17 @ 2:04 PM
My daughter's ex took her to court for access, she was the victim of DA. He now has access but is refusing to pay support calculated by CMS. He is self employed and his brother is an account. CMS have told her they have to wait for him to declare his earning as he claims they are variable. What actions can she take against a controlling bully who wants the right to see his child but without the responsibilities?
Nannies T - 10-Mar-17 @ 8:11 PM
@Mandi - good on you - that's one in th bag for International Women's Day!
Liz - 10-Mar-17 @ 2:27 PM
Ian - Your Question:
I need help , I'm currently paying for 2 children £650.00 a month their ages are 18( near 19 ) and 17 and (again nearly 18). I have always payed since they was small but unfortunately I have no contact with these children as the mother moved them away and stopped contact. I have tried many ways off finding them but she has vanished.The problem I have is that cms won't help me find out if they are at uni or collage there answer is to report it to child benefit office , which I have and with no help.The mother will obviously take my money till these children are 20 years of age.So please can someone tell me what to do cause I'm struggling to pay this amount.

Our Response:
Personally, I would complain to the CMS, please see link here.
ChildSupportLaws - 10-Mar-17 @ 12:14 PM
My oldest son is 24yrs old and my youngest is 15yrs old. My youngest could walk past his dad and would not know him. About 6 yrs ago he went to see his dad. Who came to the window and saw him and then went back in. Before that day. I used to take them both to see their dad. And I couldn't sustain it. He's told benefits. He is too ill to work. He is 51yrs old and has worked for 6 yrs of his life. He owes me £10,000 in child support. Has a mortgage free house. A new car. Due to his dodgy deals. In all the years he has given the boys a handful of gifts. They wanted his time and not his money. But he didn't give them that. I've worked all my life. Sometimes having 3 jobs. My 24 yr old is doing his masters degree in psychology and my youngest is going to study law. And is an A star student. So not all women are blood sucking women. I have pride in myself and my children
Mandi - 9-Mar-17 @ 8:36 PM
I need help , I'm currently paying for 2 children £650.00 a month their ages are 18( near 19 ) and 17 and (again nearly 18). I have always payed since they was small but unfortunately I have no contact with these children as the mother moved them away and stopped contact. I have tried many ways off finding them but she has vanished. The problem I have is that cms won't help me find out if they are at uni or collage there answer is to report it to child benefit office , which I have and with no help. The mother will obviously take my money till these children are 20 years of age. So please can someone tell me what to do cause I'm struggling to pay this amount .
Ian - 9-Mar-17 @ 1:22 PM
Why should I have to pay more because I as a dad get a pay rise? I assume that because I am earning more money all of a sudden it must cost more to look after a child??? Nonsense!!!! What utter rubbish, it costs x amount whether I earn 200 a week or 1000. Money grabbing system ran by women I expect.
kink - 7-Mar-17 @ 3:44 PM
Hi there, I've been paying csa since me and my ex split up. I'm just curious of why they take 20% of my top line wage before deductions? The tax and national insurance goes to the government, so shouldn't they be giving my money to my children? Also as well, why do csa work on how many nights you have them? Surely they should go on days as you provide for them throughout the day, and they sleep at night. How system is terrible. Regards.
Always about the mon - 6-Mar-17 @ 4:51 PM
Etty - Your Question:
My partner has 3 children and an ex wife from hell. He has always paid for and supported his kids over and above the amounts requested by his ex or csa. Any late payment of which there were 4 he has always caught up with the next week however she has now told csa that this was not the case despite him providing evidence proving her lies he is still getting penalised! How can this be right. His documented evidence and every telephone conversation with csa, and every txt message from his ex acknowledging payments, which he has kept have all been ignored. They say he was late supplying evidence when in truth he was given a verbal extension to collect his evidence and then his case worker was absent so it was not dealt with and somehow that's his fault??? The system is extremely faulty and unjust towards fathers struggling to do the right thing. What can he do?

Our Response:
His only recourse is to complain, please see link here. I hope this helps.
ChildSupportLaws - 6-Mar-17 @ 11:22 AM
I have been given wrong back details for my maintenance to be paid phoned and wrote letters now they are going to go to demand and collect can't afford any more as they are working on gross figures you don't go shopping with your gross wage you use your net wage how is this right???
Rich - 5-Mar-17 @ 11:53 PM
My partner has 3 children and an ex wife from hell. He has always paid for and supported his kids over and above the amounts requested by his ex or csa. Any late payment of which there were 4 he has always caught up with the next week however she has now told csa that this was not the case despite him providing evidence proving her lies he is still getting penalised! How can this be right. His documented evidence and every telephone conversation with csa, and every txt messagefrom his ex acknowledging payments, which he has kepthave all been ignored. They say he was late supplying evidence when in truth he was given a verbal extension to collect his evidence and then his case worker was absent so it was not dealt with and somehow that's his fault??? The system is extremely faulty and unjust towards fathers struggling to do the right thing. What can he do?
Etty - 5-Mar-17 @ 10:59 AM
Hi i'm new to this ... recently received an SGO for my grandson at the beginning of this year and have attempted to apply for maintenance from his father through the CMS, however he has failed to comply with them and they have sent me a calculation for maintenance that to be honest was insulting. CMS used information they received from HMRC to reach their decision however the information is from last years tax year and my grandsons father has only been working since March 2016. I have provided CMS with his employers details inc address, telephone number and the hours he works. However CMS informed me that his employer had failed to comply with their request for information via a phone call and told me they would write to them to request the information they need to see if a re-calculation is necessary. However I am still waiting to hear from them a number of weeks later. Can anyone please advise? My grandson has actually lived with me all his life, he is now 3 and his father has never paid anything towards helping with his sons day to day needs.
Nan - 3-Mar-17 @ 2:34 PM
I have a 2 year old and I feel since me and my ex broke up, he has been short handing me on payments. I know he has been between jobs but his payments have dropped again this month. The agreement is one arranged between ourselves and I have no idea what his annual income is. He does live a rather luxurious life style though. What would happen if I was to contact the CSA about it? Would they check his salary and deal with payments? Would he have to back pay anything missed? Would all future payments be correct?
Kaz - 3-Mar-17 @ 9:59 AM
gran - Your Question:
My daughts ex partner has been paying child support. but is earning a substantial wage.she didn't think he was paying her a great deal for there twobyong sons. so she has contacted csa. its not sorted out yet. but he has now stopped paying her anything. advise needed. can havoc this. thankyou.

Our Response:
I'm afraid if your daughter and her ex has come to a family-based arrangement regarding child maintenance then there is not much she can do, as arrears do not apply in this case. However, once she is registered with CMS, then arrears will apply if he falls back on his payments.
ChildSupportLaws - 2-Mar-17 @ 1:41 PM
Some advice when dealing with the CMS 1) Write the time and date, the number you rang/that rang you, name of who you spoke to, how long the call took and briefly note the subject of the of EVERY phone call. 2) Even better, record the call too. If you do, and they haven't already stated that the call maybe recorded, ask them. If they say no, then you just state that "this call maybe recorded". - They constantly lie about the content of phone calls and lose or cant find any, when requested for a copy, which corroborate your version of events. 3) Keep a copy of each letter sent, send them signed for delivery, keep the receipt and get a copy of the recipients signature (available online) - They consistently "lose" or "don't receive" mail at quite a fantastic rate, but usually only when it can be used in their favour. 4) Send all available information youre able as prompt as when asked for. If youve sent them information for a certain period, and subsequent requests for information are already within that you have already sent, just refer them to than compliance. - Do NOT resend that which you have already with out presenting them with an administration fee (you have already fulfilled your legal obligation and are fully entitled to charge them for duplicate copies). Theyll use any excuse to try and either push you past the time limit for contesting a quarter or issuing fines or escalations due to your "non-compliance". 5) Always talk to them, when doing so voice to voice, in a calm and polite manner. - They will use any tactic to make you appear uncooperative. The slightest annoyance in your voice can be used to acceptably terminate an "abusive customer", leading to "non-compliance". 6) If it might not be in their interest, they will with hold information from you, and suggest courses of action that only benefit them. They will not openly tell you about things like, Equal Shared Care (only mentioned once, in one sentence in all the advertised CMS literature, and not even explained), notional entitlement (this is where if they cannot irrefutably prove a "mistake" was your fault, there exists a rule where they have to either "pay" (write off) half of an overpayment/arrear, or write it all off.), your entitlement to half child related benefits when in equal shared care and there is more than one child, and whosoever receives child related benefits currently, is not proof enough of the "resident/receiving" parent 7) AS SOON as they start playing up, make an official complaint. If they dont get their act together or adequately address the complaint, send them a Subject Access Request (its free). When the wad of toilet paper arrives, go through it with a copy of the DPA re SAR to hand and note down all the areas they've contravened the DPA. Within 14 days send them the list of their wrong doings, give the 14 days to reply. If they still havent got their act together escalate the complaint to the DPA ombudsman and your local Muppet Puppet. 8) ta
CrimeMaintenanceSynd - 2-Mar-17 @ 10:40 AM
Where to begin? The CSA, the class bully with delusions of grandeur but occasionally a human touch. At the very least they had some* (very few, but some nonetheless) human beings whom could relate to real life situations, listen, and actually act upon information given - but I think they all got fired when the CMS took over. Whilst my case was with the CSA, at the beginning, they accepted as truth, on pure hear say, every lie and fabrication spewing from my daughters test tube (my daughters "mother"). They required absolutely no proof upon which to act* (broad sense of the word, the CSA had very little powers) when the fantasy spun by "her" conveniences them in regards to applying whatever laws and rules they were able in an attempt to extort the maximum amount of cash they could from me. The reason they could employ the maximum payment terms? Because "she" with held all contact, thereby increasing the amount i'd have to pay. The reason they were demanding more in payments than i even actually earned? because "she" said I was earning more than I was. What happened when I used the last of my savings to fight for custody through the courts? She moved, knowing full well by the time it got to court, the judge wouldnt up root her and thereby removing any possibility of me having anything more than odd weekends. How was all the money I and my family had given her for maintenance accounted for? It wasnt, "no proof, sorry witness statements are not proof, we need to see bank transfers going from your account into hers, receipts of things for your daughter etc."!? How about I gave her a house in which to live AFTER we split, rent free, how does that affect your calculations? (a house btw she took out secured loans and a remortgage on, that I had to pay half of", a house she tried to claim was all hers (i'd stupidly put the house in her name, but under the agreement it was only half hers, and it was for the fact of housing our daughter as at the time she was adamant that the only way i was going to have any contact was if i paid regular maintenance AND let her keep living in the house rent free AND allowed her custody/residency) after a falling out which then lead to with held contact, again. She used my claim on taking her to court, to prove that i was equal owner of the house, against me in court when i also was seeking an emergency order to prevent her moving 120 miles away (which i did with the last of my savings) saying i was forcing her and our daughter out of a home (which she used as "sound" basis for moving into her mums tiny flat 120 miles away)."it doesnt because she doesnt agree with your version of events" FWD a few years, through which I lost everything, received £13k from a £150k house sale that she received over £50k from, she moved 120miles away as the emergency order wasnt granted, got a new job, stopped paying csa so i could fight for a contact order ("she" kept contact very sporadic), lost with the contact order in court, and
CrimeMaintenanceSynd - 2-Mar-17 @ 9:56 AM
my daughts ex partner has been paying child support.. but is earning a substantial wage .she didn't think he was paying her a great deal for there twobyong sons. so she has contacted csa. . its not sorted out yet. but he has now stopped paying her anything.. advise needed.. can havoc this... thankyou.
gran - 1-Mar-17 @ 3:25 PM
CMS are a nightmare. If renewal/review date is mid month, but payments are 1st of month, surely they should calculate to the 1st of the month previous to the renewal? My renewal is 21 Feb, but they have calculated payments from April through to March 2018. This leaves this years March payment on the previous years rate. Totally illogical
LaLaWhoopsie - 27-Feb-17 @ 7:07 PM
Dear x, My child is now 20yrs old and arrears are c. £25k. Last payment made was £85.00 three years ago. I feel that CSA are negligent in chasing him and also in the lack of interest being applied to these arrears. What are my options? Yours faithfully, Lyn
Lyn - 27-Feb-17 @ 4:36 PM
The csa and cMs regularly break the law in regards to your individual right to a fair trial. ANY Detatchment of earnings they place on someone that has not gone through a court is invalid due to this oversight. As you have been declared guilty of a debt that has not been proven in court. If your ex stops you from seeing your kids like mine has. You can easily say no and send all orders back. You can also complain to the courts yourself -they don't like it when you go above their heads. You will get a better result taking them to court it's free also to make a Complaint with the Office of Judicial Review. Basically they have the power to overturn their decision based on the fact they have made a legal decision without the courts intervention. And have therefore gone 'ultra vires' -beyond their scope of powers. Fight them all the way and stop the madness that is bad mothers stopping the fathers from seeing their kids. My ex is one such bad mother.
Smokey - 26-Feb-17 @ 12:12 PM
My ex partner set up a ltd company several years ago (it contractor) he has been paying himself minimum wages and therefore i have only had an assessment of 69 Month.... He has kept the rest of his profits in the company - he is the sole director - and they now amount to over 80,000 pounds. My son is 16 and i have been told by my ex that once our son is 18 then he can do what he wants with the money in his company and intends to 'buy himself lots of great things' As he is an it contractor, and does not have staff he has not significant business costs. He is living at his parents house etc. With the new csa system what do i need to do to get this to appeal? A judge can see he is not using any of his profits and just storing them up until he is free of the CSA. Do you know if they will take this into account, please? its clear to us (he had admitted it) why he doesnt pay himself more than the minimum
VK - 25-Feb-17 @ 1:59 PM
Nat - Your Question:
My partner makes regular payments to csa these payments are for 2 children he has previously they are taking 250 a month via deo but the other parent is denying to his children that he pays any money to help raise them at all he also treats his children on visits and we have 2 children together too. He is so stressed out by all this as he IS making the payments as it is taken straight from his wages! He is now being denied access and his children are turning against him as the mother is denying payments has been received he pays csa directly and pays a fee of I think it's nearly 300 a year for this? Could any one help with this matter would csa give him a letter of all his payments history so he could PROVE HE DOES PAY FOR HIS CHILDREN?? we are at a loss here he's paying for children he can now not see ??

Our Response:
Child maintenance and child access have no bearing on each other. In other words, the fact your partner pays child maintenance does not guarantee access to his children. Likewise, it does not mean fathers who cannot afford to pay child maintenance are restricted from seeing their kids because they cannot pay. In addition, his ex cannot keep the children from him purely on matters of a financial issue - this would not stand up in court as it is tantamount to blackmail. Therefore, if your partner is being denied access to his kids, he would have to either request his ex attends mediation in order to try to resolve the issue, or apply to take the matter to court to request access.
ChildSupportLaws - 23-Feb-17 @ 2:55 PM
My partner makes regular payments to csa these payments are for 2 children he has previously they are taking 250 a month via deo but the other parent is denying to his children that he pays any money to help raise them at all he also treats his children on visits and we have 2 children together too. He is so stressed out by all this as he IS making the payments as it is taken straight from his wages! He is now being denied access and his children are turning against him as the mother is denying payments has been received he pays csa directly and pays a fee of I think it's nearly 300 a year for this? Could any one help with this matter would csa give him a letter of all his payments history so he could PROVE HE DOES PAY FOR HIS CHILDREN?? we are at a loss here he's paying for children he can now not see ??
Nat - 23-Feb-17 @ 9:13 AM
The CSA wrote to me a year ago to inform me that they were no longer going to be involved in my child maintenance from October 2016. I spoke to them several times about the change and made it simple by giving me a date to cancel their direct debit and start a new one to the child maintenance service. That was 4 months ago and everything has gone perfectly. Never in 10 years missed a DD with CSA. Had a letter today claiming I owe £210 arrears to the CSA !!! No explanation. Just a demand to pay it within 14 days. How can I owe any arreaers when no payments have ever been missed and none have ever been missed under the new cms system? Its ridiculous and I think they are trying to defraud me.
Joey12 - 17-Feb-17 @ 9:39 PM
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