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Enforcement in England & Wales

The action we can take

If the non-payer lives in England and Wales we start by applying to the magistrates' court for a liability order. This legally recognises there is a debt to be paid means we can take further action.
We will then take the action we think will be most effective in each individual case. We can use more than one of our powers at a time.

We can:

Pass the case to bailiffs to collect the child maintenance owed
Bailiffs act on our behalf to seize the non-payer's belongings and sell them to get the money owed. We also work with private debt-collection agencies who have bailiffs on their teams to collect money from non-resident parents who have not paid for a number of months, or years.
Freeze money belonging to the non-payer
A county court can award a third-party debt order to freeze money belonging to a non-resident parent. This includes stopping them from using their bank account or getting money from an unpaid invoice if they are self-employed. Once the money is frozen we ask for the child maintenance to be paid.
 
Enter the liability order on the Register of Judgments, Orders and Fines
The Register is used by credit-reference agencies to establish someone's credit rating. It can also affect a person's ability to obtain employment and housing, and affect membership of some professional organisations. This register replaced the Register of County Court Judgments (CCJs) in 2006.
Register the liability order against property or assets
We can apply to the county court to make a charging order. This registers the amount of money on the liability order against any property or assets (including land, stocks and shares, or an interest in a trust) the non-payer owns. When the property, or those assets belonging only to them are sold, any money left after paying certain orders from other creditors, will be paid direct to us.
We can also force the parent to sell their property to get the money they owe.
Take away the non-payer's driving licence or send them to prison
If a magistrate thinks the parent has refused to pay their child maintenance, we can ask them to take their driving licence, or stop them from getting one, for up to two years. We can also ask the courts to send them to prison.
Even if the parent is disqualified from driving or sent to prison, they will still have to pay all of the money they owe.
How to pay your child maintenance - read our Pay now page.

Related Information

  • The Child Maintenance and Enforcement Division

Child Maintenance Calculator

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