Introduction
Are you struggling with child maintenance payments and unsure of your options? This comprehensive guide will help you understand your responsibilities, payment methods, and how to effectively communicate with the Child Maintenance Service (CMS). If you need further assistance, Contend’s highly trained AI legal experts are here to provide guidance and help you navigate your legal challenges. With Contend, you can access the easiest legal help in the UK, ensuring you have the support you need to resolve your child maintenance issues.
If you owe child maintenance, it’s important to understand your options and responsibilities. Child maintenance is the financial support one parent pays to another for the upbringing of their child. If you haven’t made your payments, you may be contacted by your child’s other parent or the Child Maintenance Service (CMS).
Understanding Your Payment Options
You may be paying child maintenance in one of two ways:
- Direct Pay: You pay the other parent directly.
- Collect and Pay: The CMS collects the payments and sends them to the other parent.
Regardless of how you pay, the first step is to verify the amount you owe. Unpaid child maintenance is referred to as ‘arrears’. If you don’t pay these arrears, the CMS can take action to collect the money.
Communicating with the Other Parent
If the other parent is asking you for unpaid maintenance, it’s best to talk to them directly if possible. If you think the amount they claim you owe is incorrect, ask them to show you how they calculated it. If they say you missed payments, you’ll need to provide proof of the payments you made, such as bank statements.
If you agree with the amount but are struggling to pay, try to work out a repayment plan with the other parent. It’s important to communicate openly about what you can afford.
If you can’t come to an agreement and you were paying directly to the other parent, they might decide to involve the CMS to collect the payments instead.
Dealing with the Child Maintenance Service (CMS)
If the CMS is contacting you about arrears, they will send you an ‘arrears notice’ that outlines how much you owe. This notice should include a list of payments you’ve made. If it doesn’t, you can ask the CMS for a detailed breakdown.
If you believe the amount is wrong, check their calculations and provide evidence of any payments you’ve made. You can also ask them to pause any enforcement actions while you dispute the amount.
If you agree with the amount but can’t afford to pay it all at once, you can propose a repayment plan to the CMS. Be prepared to share details about your income and expenses to show what you can realistically afford to pay.
You can reach out to the CMS via phone, mail, or through your online account. If you choose to call, make sure to keep a record of the conversation.
Contact Information for CMS
- Mail: Child Maintenance Service, Mail Handling Site A, Wolverhampton, WV98 2BU
- Phone: 0800 171 2345
- Hours: Monday to Friday, 8 AM to 6 PM
Offering to Settle Your Arrears
If you want to clear your arrears, you can offer a one-time payment that’s less than the total amount owed. This is known as a ‘part payment in full and final settlement’. Both the other parent and the CMS must agree to this offer. If accepted, you’ll need to continue making regular payments for ongoing maintenance.
Consequences of Not Paying Arrears
If you fail to pay your arrears, the CMS can take enforcement actions against you. This could include:
- Deductions from your wages: If you’re employed, the CMS can take money directly from your paycheck.
- Deductions from your bank account: If you’re self-employed or retired, they can take money from your bank account.
- Court action: If necessary, the CMS can apply for a liability order, which allows them to take further actions like seizing assets or even sending you to prison.
What to Do If You Get a Court Notice
If the CMS sends you a notice about court action, it’s crucial to respond promptly. You may need to attend a court hearing where you can explain your financial situation. Bring any evidence of payments you’ve made and be prepared to discuss why you haven’t been able to pay.
If You’ve Paid Off Your Arrears
If you manage to pay off your arrears, you can request that the CMS cancel any enforcement actions against you. It’s important to keep records of your payments and communicate with the CMS about your status.
When the CMS Cancels Your Arrears
In some cases, the CMS may decide to cancel your arrears, which means you won’t have to pay them anymore. This can happen if the other parent no longer wants to collect the arrears or if they have passed away.
Seeking Help
If you’re feeling overwhelmed or unsure about your situation, it’s a good idea to talk to an adviser who can help you understand your rights and responsibilities. For tailored guidance and support, consider trying Contend’s legal expert chat. Contend’s highly trained AI legal experts will work with you to provide the assistance you need to understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.
For more information on child maintenance, you can visit the GOV.UK website.
Remember, open communication and prompt action are key to managing child maintenance payments effectively.
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