The legal action we can take
If the non-payer lives in Scotland we start by applying to the sheriff for a liability order.This legally recognises there is a debt to be paid and means we can take further action.
Once we have got a liability order we then ask sherriff's officers to issue a demand for payment on our behalf. This gives parents 14 days to pay the money they owe, or 28 days if they are living temporarily outside the UK. If they do not meet this demand we take further legal action to get the missed child maintenance.
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:
Ask sheriff's officers to sell non-payers' belongings
This is known as an attachment. Sheriff's officers list and value the moveable belongings the non-resident parent keeps outside their home. This may include cars or motorbikes, or the contents of a garage or outbuilding. If the parent is self-employed we can do this at their place of business.
The belongings on the list can then be sold at a public auction to get the child maintenance they owe.
If we can't get the money they owe this way, we can apply for an exceptional attachment and auction. This is when sheriff's officers list and value moveable belongings inside the parent's home. The belongings on the list can then be sold to get the missed child maintenance.
Freeze money belonging to or owed to the non-payer
We can apply for an arrestment to freeze money belonging to a non-resident parent. This includes stopping them from using their bank, building society or Post Office account. Once the money is frozen, we ask for the child maintenance to be paid.
Stop the future sale or transfer of heritable property the non-payer owns
We can register liability orders against the parent and stop them selling or transferring any 'heritable property' they own. This includes houses, garages, business premises and land. This means that the parent cannot sell or transfer the property until they pay their child maintenance.
Take away the parent's driving licence or send them to prison
If a sheriff 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
|
