Child maintenance arrears and Child Maintenance Service enforcement
Child maintenance arrears are a priority debt, and the Child Maintenance Service has some of the strongest collection powers of any creditor. Engaging early keeps more options open.
Applies to: England & Wales
What to do now
- Keep paying your ongoing maintenance, even if you cannot clear the arrears yet.
- Contact the CMS with your income and outgoings and offer a realistic repayment.
- If your income has changed, tell the CMS straight away so it can review the amount.
Why it is a priority
Child maintenance is money for a child’s living costs, and the law gives the CMS powers that most creditors do not have. Arrears cannot be written off by most debt solutions, so they will not go away on their own.
What the CMS can do
- Collect and Pay. If you do not pay in full and on time under Direct Pay, the CMS can collect the money for you. This adds a 20% fee on top for the paying parent, while 4% comes off what the receiving parent gets.
- Deduction from earnings order. Your employer is told to take money from your pay.
- Deduction orders on bank accounts. Regular or one-off amounts can be taken from your bank or building society account.
- Liability order. The CMS can get a liability order from the court. That can lead to enforcement agents, a charging order on your home, and in some cases an order for sale.
- Driving licence or passport. If a court decides you have deliberately not paid, it can take away your driving licence or passport, often suspended while you keep to a payment plan.
- Prison. As a last resort a court can send you to prison. The arrears are still owed afterwards.
What you can do
- Keep paying the regular amount. The CMS expects ongoing maintenance to be paid while arrears are repaid.
- Offer a repayment plan. Send the CMS your budget and an offer for the arrears. It does not have to accept, but a realistic offer made early is far better than none.
- Report changes. If your income has dropped or your circumstances have changed, report it so the CMS can look at the calculation again.
- Challenge mistakes. If you think the calculation or arrears figure is wrong, ask for a mandatory reconsideration and keep records of every payment you have made.
Family-based and court arrangements
If you have a private arrangement with the other parent, the CMS cannot enforce arrears from it, but the other parent can apply to the CMS for future maintenance. Older court orders for maintenance are enforced through the family court rather than the CMS.
Formal solutions
Child maintenance arrears cannot be included in a DRO or an IVA, and they are not written off by bankruptcy. Any solution you use for other debts must leave room in your budget for maintenance and the arrears. If you also get Universal Credit, a child maintenance deduction can be taken from your benefit. In Scotland the CMS rules are similar but enforcement goes through Scottish courts, and Northern Ireland has its own Child Maintenance Service.
You never have to pay for debt advice. MoneyHelper (government-backed), StepChange, National Debtline and Citizens Advice all give free, confidential advice with no obligation.
Common questions
Can child maintenance arrears be written off?
Rarely. The CMS can write arrears off in limited situations, for example if the receiving parent asks it not to collect them. They cannot be written off in a DRO, IVA or bankruptcy.
Can the CMS take money from my bank account?
Yes. The CMS can make regular or lump-sum deduction orders on bank and building society accounts without going to court first.
Can I lose my driving licence for child maintenance arrears?
Yes. If a court decides you have deliberately not paid, it can disqualify you from driving or take away your passport, often suspended while you keep to a payment plan.