I can understand why you’re asking the question! The CSA has discretion on this one – either they can take action in the county court to enforce a liability order or they can seize goods. I am speculating here, but the CSA may be of the view that the bailiffs would be pushed to seize eligible goods to the value required on this occasion.

Seizure of Goods

Seizing goods belonging to your ex-partner is known as ‘distress’. However, it may be that the CSA has taken the view that your ex-partner does not have sufficient or eligible assets to seize. Not all property can be seized, and items such as furniture, clothing, bedding, money, cheques and other securities for money, household equipment and basic domestic items (e.g. toasters, irons, kettles) are exempt. If your ex-partner works and, for example, needs to use her car for work, this is deemed to be an item ‘necessary for work’ in which case it couldn’t be seized.

The Powers of the CSA

The ‘Operational Improvement Plan’ (launched in February 2006 and designed to improve the performance of the CSA and collection of maintenance) provides that the CSA will use every type of sanction available to it in enforcement of liability orders, including asset seizure (which your ex-partner has already experienced), as well as removing her driving licence and even sending her to prison.

Enforcement of Liability Orders

The CSA has decided on this occasion to take county court action and to treat the unpaid child support as though it were a judgment debt i.e. as though it were an unpaid county court judgment. They must therefore be of the view that there is sufficient equity in her property to warrant this type of enforcement action. Bear in mind, also, that the CSA can now apply to the court for an order of sale, in which case the charge would be paid from the proceeds of the sale after any priority debts have been paid (e.g. a mortgage, second mortgage or ‘homeowner loan.’) In order to grant an order for sale, the court must be satisfied that your ex-partner has alternative living arrangements – in other words, they can’t simply make her homeless.