Child maintenance arrears Has the court ordered you to pay maintenance? This advice does not apply to maintenance ordered by the court as part of a separation or divorce. You will need specialist advice. To find a solicitor in your area, go to www.gov.uk/find-a-legal-adviser. Why are these a priority? The Child Maintenance Service (CMS) (and previously the Child Support Agency) can order you to pay child maintenance. CMS arrears are a priority debt because a court order isn’t needed to take money: • directly from your wages; • from certain benefits; or • from your bank account. If this doesn’t work, the CMS can ask the magistrates’ court for a ‘liability order’. This lets the CMS take the following action. • Use bailiffs to try and take your goods. • Pass information about the arrears to a credit reference agency. This can affect your ability to get credit. • Ask the County Court for a charging order to secure the debt against certain kinds of property that belong to you, such as your home or any stocks that you own. This could put your property at risk. A charging order cannot be made against your home if you rent it. • Ask the County Court for a third party debt order. This can freeze funds in your account or tell someone who owes you money to pay the CMS instead. • Ask the High Court to stop you getting rid of assets if they think you are doing it to avoid paying. • Ask the magistrates’ court to send you to prison. • Ask the magistrates’ court to disqualify you from driving. • Ask the magistrates’ court to remove your passport or ID card. Prison, disqualification from driving and removing a passport or ID card These actions should be a last resort and only used if you refuse to pay, or had the money to pay but did not do so. Contact us for advice if the CMS threatens any of these actions. Page 62