Can CSA take legal action?
CMS can take legal action to make you, the paying parent, pay the child maintenance you owe under the liability order. They can: register an order with Land Registry or Registry of Deeds against your land or property ensuring you cannot sell unless you pay what you owe from the money you make from the sale.
What powers do CSA have?
In serious cases, the CSA can apply to the court to secure the arrears owed against any property (such as a house) owned by the other parent. This is called a charging order. Once the order has been made, the CSA has the power to sell property to pay the arrears, although the rules can be complicated.
Can child maintenance take you to court?
CMS can take you to court over unpaid child maintenance. They can apply for a court order to take legal action. If the court grants the order, CMS can then legal action against you.
What action can the CSA take if parents don’t pay?
A liability order allows the CMS to take legal action against the paying parent to recover the debt. They could: Negotiate payment using bailiffs, or ask them to seize and sell the paying parent’s belongings. Use an ‘order for sale’ to sell the paying parent’s assets or property and take the proceeds.
Do I have to pay child maintenance if my ex remarries?
The answer is no. When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”).
Can I stop paying CSA?
The parent paying CSA / CMS will usually be expected to continue to pay CSA / CMS until the child reaches 16 years old (CSA / CMS stops on 31 August after/on their 16th birthday), or 20 years old if they are in approved education or training.
Can I refuse to pay child maintenance?
Under normal circumstances, the Child Maintenance Service (CMS) can take action against a parent that doesn’t pay child maintenance in full or misses a payment.
What happens if father refuses to pay child support?
As mentioned, if that parent still fails to pay, the court can hold him or her in contempt of court (for failing to follow a court order) and impose a jail term. Regardless of what consequences are imposed, the fact is that you do have options if your ex doesn’t pay child support.
Can the CSA check your bank account?
The CSA can take the money from the parent’s bank account, wages or benefits. If your child’s other parent doesn’t respond to the CSA’s attempts to contact them or doesn’t pay the arrears, the CSA may apply to the court for a liability order.
Can CSA take my savings?
Taking money from benefits The CSA can deduct money from your child’s other parent’s benefits to pay child support, depending on which scheme applies to your case. Deduction order This allows the CSA to take money from a bank or savings account without the parent’s permission.
What happens if I can’t afford child maintenance?
The consequences can be severe. If you miss payments, the CMS have the power to deduct arrears and ongoing payments straight from your earnings or bank account. They have a wide range of other powers and, as a last resort, you could face prison if you refuse to pay.