Introduction
Are you struggling to receive the child maintenance payments you’re owed? This guide will help you understand your rights and the steps you can take to resolve the situation, whether you have a private arrangement or are using the Child Maintenance Service (CMS). If you need further assistance, Contend’s highly trained AI legal experts are here to provide guidance and support, ensuring you navigate these challenges with ease. Discover the easiest legal help in the UK with Contend today!
If you’re not receiving the child maintenance payments you should be getting from your child’s other parent, don’t worry—there are steps you can take to resolve the situation. The actions you can take depend on how you initially arranged for the payments.
Understanding Your Arrangement
Child maintenance can be set up in one of two ways:
- Private Arrangement: You and the other parent have made a direct agreement about the payments.
- Child Maintenance Service (CMS): The payments are arranged through the CMS.
If the other parent hasn’t paid, the missed payments are referred to as “arrears.”
If You Have a Private Arrangement
Start by communicating with the other parent. It’s often best to discuss why they haven’t been able to make payments. If that doesn’t work, you can turn to the CMS for help. They can take over the collection of payments, but keep in mind that they cannot collect any arrears that have already built up under your private arrangement.
To get started with the CMS, find out how to switch to their service. You can read more about your options here.
If the CMS Is Involved
If your child maintenance is set up through the CMS, the next steps depend on how you receive your payments:
- Direct Pay: In this case, the CMS calculates the amount owed, but the other parent pays you directly.
- Collect and Pay: Here, the CMS collects the payments from the other parent and sends them to you.
For Direct Pay Recipients
If you notice that payments are missing, try to reach out to the other parent first to discuss repayment. If that doesn’t lead to a resolution, inform the CMS about the arrears. They need to know about the missed payments to take action. You can contact them via phone, in writing, or through your online account. Keep a record of your communications, including dates and names of people you spoke with.
For Collect and Pay Recipients
If you’re using the Collect and Pay service, the CMS will automatically be aware of any missed payments. They will work with the other parent to establish a repayment plan. If the other parent refuses to cooperate, the CMS has various options to enforce payment.
What If the Other Parent Refuses to Pay?
If the other parent won’t agree to pay the arrears, the CMS has enforcement measures they can use. This includes:
- Garnishing wages or benefits.
- Taking money from bank accounts.
- Seeking a court order to sell property if necessary.
In extreme cases, the CMS can even ask for the other parent’s passport or driving license to be revoked or pursue jail time.
Unsatisfied with CMS Actions?
If you feel the CMS isn’t acting quickly enough or their proposed repayment plan isn’t suitable, you should reach out to them. Explain how the situation affects your child’s well-being, such as difficulties in affording essentials like rent or school supplies. Document all your communications for future reference.
Considering a Partial Payment?
If you’re open to accepting less than what you’re owed to settle the arrears quickly, you can discuss a “part payment in full and final settlement” with the other parent. This means you would agree to accept a smaller sum to clear the debt. However, once you accept this, you cannot change your mind, and the other parent will still need to make regular payments if your child qualifies for maintenance.
If the Other Parent Has Passed Away
If the other parent has died, you can ask the CMS to recover any owed maintenance from their estate. However, the CMS might decide to cancel the arrears if they can’t collect the money or if there isn’t enough in the estate to cover it.
Owed Arrears Under Older Schemes?
If you have arrears from the older Child Support Agency schemes (1993 or 2003), the CMS may not actively pursue these debts. They will inform you if they plan to write off the arrears or if they can still attempt to collect them.
Get Help When You Need It
Navigating child maintenance can be complicated, but you don’t have to do it alone. If you have questions or need assistance, consider trying Contend’s legal expert chat. Their highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.
For more information, visit the GOV.UK Child Maintenance Service page. Remember, you have options and help is available!
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