What Happens If You Don't Pay Child Maintenance?

The CMS takes non-payment seriously

If a paying parent fails to make child maintenance payments, the CMS has wide-ranging legal powers to recover the money. These escalate the longer payments are missed. Ignoring child maintenance is not an option - the CMS will act.

Stage 1: Deduction from Earnings Order (DEO)

The first tool the CMS typically uses is a Deduction from Earnings Order. This is an instruction sent directly to the paying parent's employer to deduct maintenance from their wages before they receive their pay. The employer is legally required to comply.

Stage 2: Direct from bank account

If the paying parent is self-employed or the DEO doesn't work, the CMS can apply for a Deduction Order to take money directly from a bank or building society account - including savings accounts.

Stage 3: Enforcement action

Charging Orders - a legal charge placed against property
Liability Orders - documents used to confirm and recover the debt via the courts
Disqualification from driving - up to two years
Passport seizure - surrender of a passport
Imprisonment - up to 6 weeks in serious cases

Important - liability orders: The CMS describes liability orders as court orders, and they are used to justify the most serious enforcement steps. However, active High Court judicial review proceedings (2025–2026) have raised serious documented questions about whether these documents are valid court orders at all - or whether they are CMS-generated notification documents with no corresponding court record. Debt collection agencies instructed to enforce CMS arrears have been returning cases without enforcement, which is consistent with these concerns. If you have received a liability order, read our full article on what liability orders actually are in law.

Important: Arrears do not disappear when a child turns 16 or 20. The CMS can pursue them for years, even decades, after the child has grown up.

What if I genuinely can't afford to pay?

If you are struggling to pay, contact the CMS straight away. You may be able to negotiate a payment plan for arrears. If your income has genuinely dropped, apply for a review immediately so your payments are recalculated. Proactive engagement goes a long way.

Frequently Asked Questions

Can the CMS take my home if I don't pay?

The CMS can place a charging order on your home for unpaid maintenance, meaning the arrears must be paid from proceeds when the property is sold. They cannot force a sale solely for child maintenance debts.

Will non-payment affect my credit score?

CMS debt itself is not reported to credit agencies like a loan. However, liability orders are registered with Registry Trust and may affect your financial standing. Note: there are active legal questions about whether CMS liability orders are valid court orders - see our article on liability orders for the full picture.

Are CMS liability orders definitely valid court orders?

This is currently the subject of active High Court judicial review proceedings. Research presented in those proceedings argues that what the CMS issues as a 'Liability Order' is a notification document generated on CMS's own systems - not a court-produced order - and that in some cases no corresponding entry exists on the court file. Debt collection agencies have reportedly been returning CMS arrears cases without enforcing, consistent with these concerns. These arguments have not been ruled upon by any court. See our detailed article on CMS liability orders for the full legal analysis.