If you’re the paying parent and miss a child maintenance payment or don’t pay the full amount, Child Maintenance Service (CMS) can take enforcement action against you. You might need to pay for any action CMS takes.
When a parent doesn't pay child maintenance
The parent who doesn’t have the day-to-day care (the ‘paying parent’) pays child maintenance to the parent or person who does (the ‘receiving parent’).
If you use the CMS Collect and Pay service but don't make a payment or don't pay the full amount, CMS will telephone and write to you. They'll tell you they'll start enforcement action within a week unless you:
- make an agreement to pay the full amount missed
- keep to the original child maintenance decision
If you don't make an agreement, CMS can take action to collect the money from you.
Deduction from earnings order/Deductions from earnings request
If you're employed or get a pension from an employer, CMS can tell them to take money from your wages or pension to pay child maintenance. This is a ‘deduction from earnings order’ (or a ‘deduction from earnings request' if you work in Her Majesty’s Armed Forces). CMS doesn't need to apply to a court to get an order.
What your employer must do
Your employer must takethe amount CMS asked for from your income and send it to them. If your employer doesn't do this, CMS can take them to court. Your employer can also take up to £1 from your earnings every time a deduction is made to cover administration costs.
If your employer can't take the full amount from your earnings or pension (for example because you haven't earned enough in a particular week), the employer must take what they can.
CMS will advise your employer to leave a certain amount to cover your living costs. If your income regularly falls below this level, you should contact CMS. The amount of child maintenance you pay might need to change.
Deductions from bank or building society accounts
CMS can ask your bank or building society to take child maintenance from your account. CMS doesn't need your agreement to do this or ask a court for permission.
The deduction from your account can be:
- regular payments
- a one-off lump-sum
Your bank or building society might charge you an administration fee for each deduction.
Liability order from a court
CMS can take you to court over unpaid child maintenance. They can apply for a court order to take legal action. This is a 'liability order'. If the court grants the order, CMS can then legal action against you.
Parent is employed byHer Majesty's Armed Forces
If the paying parent is in Her Majesty's Armed Forces and misses payments, CMS will contact the Ministry of Defence (MoD). They'll ask the MoDto take the amount owed for child maintenance from the parent's wages. This is a ‘deductions from earnings request’.
Parent receives benefits or a pension
If the paying parent gets benefits, a State pension or a War Pension, CMS usually takes the amount owed from their benefit or pension.
Employer’s responsibilities
If CMS told an employer to take child maintenance from a paying parent'searnings but they stop working for that employer, the paying parent must tell CMS.
They must also tell CMS:
- the name and address of their new employer, if they have one
- the amount they expect to earn
- their payroll or employee number, if they have one
Giving false information to CMS
CMS can take you to court where you could be fined up to £1,000 if:
- you don't give CMS information they need
- you give CMS information you know is false
- you don't tell CMS your address has changed
CMS can take this action against people and organisations including:
More useful links
FAQs
Non-payment of support may result in a variety of other child support enforcement consequences. Liens for the amount of unpaid support may be placed on real and personal property until the support is paid. State tax refunds can be withheld. Pensions unprotected by federal law can be attached.
What happens in NJ if you don't pay child support? ›
If the child support payments have not been paid for six months or more, the court may order the licensing agency to suspend, revoke or deny any licenses the non-custodial parent has or is applying for. This includes driving, professional, occupational, recreational or sporting licenses.
How do you enforce child support in NY? ›
If you are owed more than $500 in arrears, you can file an enforcement proceeding in Family Court, or an action in Supreme Court (divorce court) for enforcement against the non-paying parent. This is called a violation petition.
How do I report non paying child support in Colorado? ›
Enforcement of Child Support in Colorado
- filing a motion for contempt on your own, using forms from the State of Colorado website.
- hiring a private attorney to file the motion on your behalf, or.
- applying for enforcement services through the Colorado Child Support Enforcement Unit (CSEU).
The following is a list of enforcement tools that Maryland law allows for the collection and distribution of overdue child support payments:
- Federal Income Tax Refund Offset. ...
- State Income Tax Refund Offset. ...
- Administrative Passport Denial. ...
- Driver's License Suspension. ...
- Professional License Suspension Program.
A prior order authorizes a bench warrant if you failed to pay two weeks of support (or lump sum).
How to enforce a child support order in NJ? ›
Some of the ways Probation enforces unpaid child support obligations:
- Income withholding.
- Enforcement hearings.
- Bench warrants.
- Suspended driver's, occupational, or recreational licenses.
- Seizure of cash or cash-equivalent assets in bank accounts.
- Intercept federal or state tax refunds.
- Report judgments.
In certain cases of willful nonpayment of child support, the delinquent parent may go to jail for up to six months. Noncustodial parents who owe child support arrears equal to or more than four months of current support may be eligible to have their state-issued licenses suspended through the court process.
How far behind in child support before license suspended in NY? ›
Past-due: More than 4 months
Your driver license may be suspended when your account is more than four months past due. You will receive a notice in the mail about the suspension: Important Notice Regarding Your Driving Privileges and Your Failure to Pay Child Support.
How much back child support is a felony in NY? ›
Failure to comply with child support payments in New York is a form of child neglect and, in extreme child support cases over $10,000, should be guilty of a class E felony punishable under the penal code.
Typically, the state child support office that submitted the noncustodial parent's case for tax refund offset receives the funds within two to three weeks. It is important to stay informed with your local child support caseworker.
Can you go to jail for unpaid child support in Colorado? ›
In Colorado, failure to pay child support can result in a judgment issued by the court. The judge may find an individual in contempt of court for failure to pay child support, resulting in a possible arrest and jail time.
Can you sue for back child support in Colorado? ›
Colorado's Law Related to Child Support Arrears
In Colorado, the general rule is that if back child support is owed, then the custodial parent can go through the court to collect those funds at any point.
What is the deadbeat dad law in Maryland? ›
Maryland's Deadbeat Dad Law is grounded in state statutes and regulations governing child support obligations. Under Maryland law, both parents are legally obligated to provide financial support for their children, regardless of their marital status or custodial arrangements.
Can a parent waive child support in Maryland? ›
No. Under Maryland law, the right to receive child support is a right that belongs to a child. The custodial parent cannot waive child support owed to the child.
Can you go to jail in MD for not paying child support? ›
To be prosecuted under this law, the payor must have refused to pay support to a child who resides in another state, and the total amount owed must be over $5,000, OR must have remained unpaid for over a year. Punishments include fines and/or jail time. A publication of the Maryland Judiciary.
Can back child support be forgiven in New Jersey? ›
In most circ*mstances, New Jersey law prohibits the retroactive modification of child support. Even if your co-parent is seeking to change future child support payments, they typically will still have to pay what's already owed.
How long does a father have to pay child support in NJ? ›
This system ensures that both parents share the cost of raising the child, even if they are not living together. Generally, child support obligations in New Jersey last until the child turns 19 years old. However, under certain circ*mstances, child support can be extended in certain circ*mstances.
How can I get out of paying child support in NJ? ›
Child support will terminate upon graduation as specified in the court order as long as the dependent is under age 23 and Probation is aware of the anticipated graduation date. If the parties agree that support should continue, their agreement will be outside of the child support program.
Is there a statute of limitations on child support in NJ? ›
Is There a Statute of Limitations for Collecting Back Child Support? In New Jersey, the statute of limitations for collecting child support is five years after the child reaches the legal age of emancipation. Until recently, the legal age of emancipation was 18, but changes in child support laws amended the age to 19.
