Separation and divorce can be stressful enough, and when children are involved it does not get any easier. So when your partner stops paying child maintenance support, you suddenly feel like you’re fighting against the whole world.
It is estimated that nearly £4 billion worth of child maintenance support is unpaid to-date. Despite reforms in 2003, the Child Support Agency (CSA) has failed to meet its objectives. And so the Child Maintenance and Enforcement Commission (CMEC) were established to take on some of the work load of the CSA.
Things were made easier for parents in 2008 when the obligation to use the CSA for making child maintenance payments was removed. But what do you do when the parent of your child stops paying that vital support?
Legal Options
The CSA has been given new powers which allow them to take the driver's license and passport from those parents that do not pay child maintenance.
James Purnell, the Work and Pensions Secretary remarked that the Government was keen to support parents especially considering the tough times that they are facing. But for those parents who choose not to support their own children “we [the Government] will not stand by and do nothing. If a parent refuses to pay up then we will stop them travelling abroad or even using their car.
But what is crucial to bear in mind is that these powers only extend to agreement that have been arranged between parents via the CSA. If agreements are arranged privately then the CSA cannot impose. However, if you are in such a private agreement and it fails, go straight to the CSA to arrange an agreement through them. If the non-resident parent still refuses to pay maintenance after this point, then the CSA can pursue the matter on your behalf.
The CSA can do a number of things. They can take money from the earnings of the non-resident parent if they are employed. If they are not employed but have funds in a bank account, the CSA can withdraw funds from that account. Alternatively the CSA can also take court action to force the parent to pay.
If you are a non-resident parent who has stopped paying maintenance support, you could end up with expensive legal costs, selling your home or assets, losing you driver's license for up to 2 years or even be sent to prison.
Recently the court held that the statute of limitations does not apply to child maintenance support. As a result, the father who had failed to pay maintenance for several years was held to still be liable for the outstanding amount of child support. It is worth noting that co-habiting with another person after you are divorce can affect the maintenance payments received.
It is a difficult task raising a child and can be made even more so, if a parent refuses to pull their weight. If you are concern for the well-being of your child and wish to pursue the matter legally, then see our team of local solicitors. They are all highly recommended solicitors and will be able to give you a free first consultation.
Antonia Torr is a graduate from the University of Leicester, with a degree in Law with European Union Law. Having enjoyed writing from a young age, Antonia has received numerous awards that act as a testament to her quality of writing. We are the Best
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