Enforcement of CSA/CMS Payments

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.

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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.

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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.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →