A missed payment can turn a manageable arrangement into a much larger dispute very quickly. Child maintenance arrears arise when maintenance that was due has not been paid, but the next step depends on whether the arrangement is managed through CMS, paid by Direct Pay or based on a private agreement between the parents.
Parents often use the word arrears for any unpaid contribution. Legally and practically, it is important to identify the basis of the obligation before deciding how the money can be recovered or what can be negotiated.
What are child maintenance arrears?
In a CMS case, arrears are amounts that should have been paid under the maintenance liability but remain outstanding. They can build up through missed payments, partial payments or later adjustments to the calculation.
Arrears are separate from the ongoing weekly or monthly amount. A paying parent may therefore have to meet current maintenance while also repaying an outstanding balance. Ignoring the arrears usually makes the position harder to resolve.
What happens after a missed CMS payment?
The action available depends on the payment method. Direct Pay leaves the transfer itself to the parents, while Collect and Pay gives CMS a direct collection role.
Missed payments under Direct Pay
With Direct Pay, CMS calculates the amount but the paying parent sends the money directly to the receiving parent. If a payment is missed or is short, the receiving parent should keep clear records and report the problem through the CMS process.
CMS can consider moving the case to Collect and Pay where the paying parent does not pay in full and on time. Collection fees apply under Collect and Pay, so resolving a payment problem early can avoid extra cost and escalation.
Missed payments under Collect and Pay
Under Collect and Pay, CMS collects the maintenance and passes it to the receiving parent. If the paying parent fails to pay the required amount, CMS can take recovery and enforcement action.
The receiving parent does not normally need to negotiate each missed instalment directly with the paying parent. CMS manages the statutory collection process, although the timing and type of enforcement action will depend on the case.
How can CMS recover unpaid child maintenance?
CMS has a range of powers. Depending on the circumstances, it can make deductions from earnings, pensions, benefits or bank accounts and can seek a liability order through the court. Further enforcement measures can follow where the debt remains unpaid.
These powers belong to CMS and the court system. A mediator cannot cancel an enforcement step or decide the statutory balance. A paying parent who cannot meet a payment should contact CMS promptly rather than waiting for the debt to increase.
Can child maintenance arrears be written off?
Parents should not assume that arrears can simply be removed because the debt is old or difficult to pay. The rules on collection, adjustment or write-off depend on the statutory scheme and the history of the case.
If you believe the arrears figure is wrong, ask CMS to explain the calculation and use the appropriate challenge or review route. Where the debt is accepted but unaffordable, speak to CMS about the payment position and obtain debt advice if needed.
Do arrears disappear when the child turns 18 or maintenance stops?
The end of regular maintenance does not automatically erase money that was already due. Outstanding arrears can continue to be collected after the child reaches the age at which ongoing maintenance ends.
This is why arrears should be treated separately from the question of when child maintenance stops. One determines whether new regular liability continues; the other concerns unpaid liability that has already arisen.
What if the missed payments were under a private agreement?
A shortfall under a private family-based arrangement is not automatically the same as statutory CMS arrears. What can be enforced depends on the nature of the agreement and whether another formal legal arrangement exists.
If both parents remain willing to negotiate, they can discuss how any shortfall will be dealt with and how future payments will work. Where enforceability is disputed or substantial sums are involved, independent legal advice may be needed before any new agreement is made.
How Direct Mediation Services can help after payment problems
Our mediators near you can help parents address the communication and future-planning issues that often sit around payment problems. This may include agreeing a private arrangement going forward, reviewing additional child-related expenses or rebuilding a process for discussing changes before payments are missed.
Mediation is not a substitute for CMS enforcement and cannot remove statutory arrears. Its value lies in helping parents reach decisions on matters they are able to negotiate, provided the process is safe and both participants can engage freely.
A Mediation Information & Assessment Meeting allows you to explain the history privately, understand the mediation process and consider whether it is suitable for the issues that remain unresolved.
You can contact Direct Mediation Services on 0330 043 6799, via email info@directmediationservices.co.uk or by our contact form.