One of the most anxiety-inducing repercussions of a split or divorce when you have children with your former partner is what happens when your ex-spouse fails to pay child support. This can happen for a number of reasons. Your former partner could genuinely be finding it hard to afford the payments. In which case it is by far the best option to sit down and discuss with them what they can pay and how else they might be able to support your mutual joint children. This helps reduce any distress your children may feel over seeing or hearing their parents in dispute over future arrangements concerning them.
Other reasons for ex-spouse child payment failure could include unwillingness to pay, ignorance of the child maintenance system and obligations to pay child support or a question mark over the child’s parentage. In the latter case, a DNA test should be sought as quickly as possible to clear things up for good. Whatever the reason is why your ex is refusing to pay child maintenance. The good news is that there is plenty you can do to enforce the law and secure the right amount of financial support for your children or child.
Seeking support from the Child Maintenance Service
If an ex-spouse fails to pay child support in the UK, the Child Maintenance Service (CMS) can help by taking certain enforcement actions. Depending on the individual circumstances, this can involve taking payments from the ex-spouse’s earnings, pension or benefits. Another option is to deduct money from a bank account to the amount that is owed. The amount is normally calculated based on oncome of both spouses, financial needs of children, plus any other financial commitments both parties have, including children and other dependents from other unions.
In more serious cases, where a substantial debt has built up, or the former spouse is proving highly unreasonable and unwilling to communicate respectfully, the family court can impose a liability order. This can lead to assets being seized, such as a car to pay for the outstanding arrears, or a property or business being sold to pay for the child support. In more extreme cases, the CMS is able to ask a family court to suspend a passport or driving licence to prevent the ex-spouse from leaving the country until they have settled the debt. Eventually, if an ex-spouse fails to pay child support for a long time and proves hostile or event dangerous during the CMS-led processes to retrieve the money, such attitudes and actions can lead to imprisonment.
Making private arrangements
If you do not want to use the CMS, or feel that you are able to resolve the situation privately when you ex-spouse fails to pay child support, this is perfectly doable. It is recommended that you still engage the services of a family solicitor to help, advise and offer moral support. Your solicitor can also help you take legal action for unpaid child support if you wish to take a more formal route. If the parents do manage to set up a private child maintenance agreement and the former partner subsequently stops paying, doesn’t give the full amount or goes back on their word, you can always bring the CMS in to pursue the money at a later date. Equally, if the paying parent’s circumstances change, such as a job loss, illness or introduction of a new partner who has children of their own, they can either discuss this with their ex-spouse or inform the CMS to help them recalculate what they owe in terms of child maintenance payments going forward.