My child’s other parent has stopped paying child support maintenance. What can I do?
A Deductions from Earnings Order
The Child Support Agency prefers to collect maintenance from the non-resident parent via direct debit or standing order. However, it does have the power to set up a Deductions from Earnings Order, either because the non-resident parent requests this or at its own discretion.
A Deductions from Earnings Order means that the Child Support Agency can ask an employer to deduct maintenance from the non-resident parent's wages and get it sent directly to you. Employers must do this and could face prosecution or fine if they don’t. The order can collect the normal amount of maintenance and amounts towards arrears. However, the total amount deducted must not be greater than 40 per cent of the net income.
The Child Support Agency normally considers imposing a Deductions from Earnings Order if the non-resident parent has a record for persistently late and/or missed payments. But before it imposes one it must consider:
- the welfare of any child who may be affected;
- the circumstances of the non-resident parent, for example, ill-health; and
- whether it could jeopardise the payment of ongoing maintenance, for example, the non-resident parent might lose their job.
You can ask the Child Support Agency to make a Deductions from Earnings Order but it is up to it whether or not it takes this course of action. The Child Support Agency will keep you informed about what it is doing to secure ongoing payments and arrears and it will take what you have to say into consideration.
Further information
Further information on child support maintenance is available at www.csa.gov.uk
The National Association of Citizens Advice Bureaux provides further information at www.adviceguide.org.uk