Children: Maintenance

(asked on 11th October 2022) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what the enforcement procedures are for not payment of Child Maintenance Payments; and whether those procedures are subject to regular assessments of effectiveness.


Answered by
Claire Coutinho Portrait
Claire Coutinho
Shadow Secretary of State for Energy Security and Net Zero
This question was answered on 19th October 2022

The Child Maintenance Group has the following powers which can be applied immediately if payment compliance cannot be re-established and are subject to fixed charges:

  • deduction of earnings order. £50.00 charge
  • deduction from earnings request. £50.00 charge

If the paying parent is self-employed or not employed, we can apply:

  • regular deduction order. £50.00 charge.
  • lump sum deduction order. £200.00 charge

If a bank account is not identified or there are no or insufficient funds available to permit any deduction order, the case will be referred for consideration and instigation of Legal Enforcement action to secure what is owed, and always to strive for long term payment compliance. The following Enforcement powers available are:

  • lump sum deduction order
  • regular deduction order
  • freezing order
  • set aside disposition order
  • liability order £300 charge
  • registering liability order at county court (England and Wales)
  • registering liability with the Register of Judgements, Orders and Fines
  • registering liability with the Enforcement of Judgments Office (Northern Ireland)
  • charging order (England and Wales)
  • order for sale
  • enforcement agent action (England and Wales)
  • third party debt order (England and Wales)
  • disqualification from holding or obtaining a driving license
  • commitment to prison
  • disqualification from holding or obtaining a passport (England and Wales only)

Throughout the Enforcement process, the case will continuously be reviewed to determine whether previously unsuccessful action may now be successful.

CMG regularly reviews Enforcement procedures and policies to continuously improve efficiency and effectiveness. Legislation and policy are similarly reviewed with policy colleagues to consider whether other actions should be introduced. In December 2018 new legislation was introduced in England, Scotland and Wales to request a non-compliant paying parent is disqualified from holding or obtaining a UK passport. The Curfew sanction will be introduced in December 2022 to be available for implementation in early 2023.

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