A summary of what happens in court after that is as follows:. You should also prepare a calculation on how much maintenance you are currently owed. For example:. When enforcing the maintenance order, the court will order the defaulting ex-spouse to pay the outstanding amount of maintenance. Such a court order will typically state what the outstanding maintenance sum is as of the date of the order, and whether the amount owed should be paid in a single payment or in monthly instalments.
Even if imprisonment is meted out, this does not excuse the defaulter from making payment upon release. The court may order the defaulting ex-spouse to go for financial counselling. This is especially in cases where the defaulters themselves are in financial difficulties. Even if you may feel aggrieved that your spouse is not providing maintenance, you should continue to perform the duties required of you. You can ask the CMS to try to recover child maintenance arrears from what the other parent owned when they died.
The CMS might cancel the payments owed to you. The CMS might do this if they can't:. You should say why you might still need the money, like if you have debts. The CMS will take your views into account before making a final decision. You might be owed arrears under the or child maintenance schemes. These schemes used to be managed by the Child Support Agency. The CMS won't always try to collect these arrears - it depends how much you're owed and how old the debt is.
We use cookies to improve your experience of our website. You can find out more or opt-out from some cookies. Home Family Children and young people Child maintenance If you're owed child maintenance. The CMS cannot recoup any arrears the paying parent already owes, though you could approach the court to enforce the consent order and recover the debt. After trying to agree on a repayment schedule with the paying parent, they will use the enforcement measures outlined above to secure the arrears.
If a paying parent claims to be unable to pay due to an income reduction, the CMS may reassess their liability. The CMS will implement enforcement measures if payment is not forthcoming.
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