Can’t Make My Maintenance Payments, What Should I Do?

Many dads struggle to make their child maintenance payments. In these difficult economic times, arrears are becoming an increasingly common fact of life.

But it is vital to understand that there can be very grave consequences to missed payments. If you think you are going to miss a payment, whether it is voluntary, as a result of a court order, or through the Child Support Agency, you need to tackle the problem head on. Don’t assume it will go away – because it won’t.

What happens if I don’t pay?

There can be very significant implications for dads who don’t make their Child Support or maintenance payments. The impact will differ depending on the type of payments you are making.

• Voluntary support. If you are making payments based on a voluntary agreement, your ex-partner could take you to court in the event that you don’t pay.
• Court-ordered maintenance. If you are paying maintenance based on a court order, the court can take drastic action in the event of non-payment – including requesting that your employer makes deductions from your wages, and sending bailiffs to take and sell your possessions.
• Child Support. If you are paying through the Child Support Agency, arrears can be collected direct from your bank account or wages. In addition, the CSA can apply for a ‘liability order’ which could lead to bailiffs taking your possessions or, in the most serious cases, your home being sold.

What should I do?

If you are concerned that you won’t be able to make a Child Support or maintenance payment, it is vital that you don’t simply ignore it. Pretending it will go away is not an option; it won’t go away, and the longer you leave it the worse it will get.

If you think you are going to miss a court-ordered maintenance payment, you need to contact the court directly. You may be asked to attend a ‘means enquiry hearing’, at which the court will determine how much you can pay. You can apply to have the order ‘varied’ (that is, reduced) if your financial circumstances change. There is a court fee associated with this, but you may be able to have this waived or reduced under the remissions system, details of which are available elsewhere on this site. If you are required to attend a hearing you should seek independent advice, for example from the Citizens Advice Bureau.

If you are making payments through the CSA, you should contact them as soon as you become aware that you are likely to miss a payment. They will want to know why you can’t pay and, in most cases, they will try to make arrangements for you to pay at a later date.

It is important to understand the CSA will contact you if you miss a payment, even if you don’t get in touch with them. If this happens, you will have a week to respond to their questions. If you fail to come to a payment agreement, or if you simply don’t respond, the CSA can take a range of actions. For example, they can arrange to have payments taken from your bank account, wages, or benefits. They can also take action through the courts as discussed above. If the CSA chooses to go to court, you may be required to pay significant legal costs in addition to the missed payments. It is therefore vital that you contact them promptly, before it gets to that stage.

What if I’ve lost my job?

If you are making court-ordered payments or paying through the CSA and you lose your job, you should be able to make arrangements to have your payments reduced.

If you are making court-ordered payments you should make an application to have the order varied, as discussed above. If you are in receipt of Jobseeker’s Allowance, you should be able to have the associated fees waived under the remissions system.

If you are making payments through the CSA, you should contact them as soon as your circumstances change. There is a flat rate payment of £5 imposed on non-resident parents in receipt of certain benefits – including Jobseeker’s Allowance.

What if I think the CSA has made a mistake?

If you disagree with a decision the CSA has made, you need to contact them within one month of receiving the letter informing you of that decision. If you are in any doubt about your responsibilities, or if you are concerned about your ability to pay, you should seek independent advice. Free support is available from your local Citizens Advice Bureau.