It is a common problem amongst those who are divorced or separated trying to get regular payments from their ex for the children, with some errant ex-partners becoming experts at frustrating the collection process, using particular tricks or tactics to avoid paying. But what should you look out for, and what can be done to ensure child maintenance is paid and received? We look at the facts.
It is a common problem amongst those who are divorced or separated trying to get regular payments from their ex for the children, with some errant ex-partners becoming experts at frustrating the collection process, using particular tricks or tactics to avoid paying. But what should you look out for, and what can be done to ensure child maintenance is paid and received? We look at the facts.
If you are experiencing issues with your relationship and you feel you need legal advice to resolve matters, contact specialist family solicitor Maria Coster of Stowe Family Law. Maria has an excellent record in family law matters as well as being involved in a number of complex cases involving issues such as domestic violence, substance misuse, and parental alienation.
What are the tricks/tactics some parents use to get out of paying child maintenance?
Some parents attempt to evade child maintenance obligations through various tactics, despite strict legal frameworks designed to ensure fair support for children. One common method is under-reporting income. Parents may intentionally minimise their earnings or claim lower wages to reduce the amount they owe. This can involve working cash-in-hand or misrepresenting their financial situation.
Another tactic is shifting assets. Parents might transfer property or assets to relatives or friends to make their financial position appear less substantial, thereby reducing the assessed maintenance amount.
Some parents also exploit discrepancies in the Child Maintenance Service (CMS) processes. They might delay providing necessary documentation, dispute calculations without valid grounds, or repeatedly request reviews to stall payments.
In more extreme cases, parents might even try to avoid enforcement measures by deliberately avoiding contact with the CMS, relocating frequently, or using false identities. These actions not only complicate enforcement, but can also lead to significant financial and legal consequences.
Despite these efforts, the CMS has mechanisms to address such tactics, including legal penalties and the ability to seek court orders to enforce maintenance payments.
Other common ways to avoid paying child maintenance include:
- Claiming to be self-employed/receiving a nominal salary
- Earning cash in hand giving the appearance of lower earnings
- Claiming to live abroad
- Giving money to other family members to hold (especially within family business scenarios)
- Denying being the parent
- Infrequent/irregular work to bog down the CMS process
What can be done about it?
Addressing tactics used to evade child maintenance payments requires a combination of robust legal measures, administrative actions, and support from various organisations. Here’s how these tactics can be tackled:
- The CMS can scrutinise financial records to ensure accurate income reporting. If a parent is suspected of under-reporting, they can request detailed accounts, including bank statements, tax returns, and business records. Additionally, the CMS may conduct interviews and follow up on any inconsistencies.
- Cash-in-hand earnings can be challenging to track, but the CMS can investigate suspicious activity through bank transactions and lifestyle audits. Employers or clients may be asked to provide details of payments, and the CMS can use data matching with other governmental agencies to uncover hidden income.
- If a parent claims to live abroad, the CMS can collaborate with international authorities and use agreements with foreign governments to enforce maintenance obligations. The CMS may also investigate claims of relocation to ensure compliance with legal requirements. It is important to note, that not all counties have reciprocal agreements with the UK, which may impact the case.
- To combat asset hiding, the CMS can investigate financial transactions and relationships within family businesses. They can request information from business records and assess whether assets are being concealed through relatives.
- DNA testing and court orders can confirm parentage if there are disputes. The CMS can also work with the court, if necessary, to enforce maintenance when paternity is established.
- In respect of irregular work patterns, the CMS can use historical data and employment records to assess true earning capacity. They can also estimate income based on potential earnings and patterns of work.
What can the CMS do to collect and enforce child maintenance payments?
There are several tools and methods the CMS can use to collect and enforce child maintenance payments and ensure that parents fulfil their financial responsibilities. The CMS can instruct an employer to deduct maintenance payments directly from the non-residential parent’s salary, they can also apply for a court order to take money directly from the non-residential parent’s bank account, secure a legal claim over the paying parent’s property or assets if maintenance arrears are significant, or obtain a court order to enforce payment through additional legal measures, including the seizure of assets. For persistent non-payers, the CMS may involve debt collection agencies to recover outstanding money.
In extreme cases, if a parent deliberately avoids paying maintenance or evades enforcement measures, the CMS can seek criminal sanctions. Non-payment with intent can lead to prosecution and potential imprisonment.
How are child maintenance arrears collected and paid?
As stated above, for those who persistently avoid making child maintenance payments, the CMS employs a range of enforcement measures. But what happens to a build-up of arrears? Persistent non-compliance may lead to legal action, where, again, the CMS can pursue court proceedings to enforce payment including arrears.
Can child maintenance arrears be written off?
Child maintenance arrears are generally not written off, as the obligation to support a child is considered a priority. However, there are specific circumstances where arrears may be reduced or cleared:
- If the non-residential parent demonstrates significant financial hardship, they can request a review of their arrears. The CMS may consider adjusting the repayment plan to a more manageable amount based on the parent’s current financial situation.
- In some cases, the CMS may agree to a settlement or reduction of arrears if both parents agree to terms that are fair and in the best interests of the child. This often involves a negotiated payment plan that considers the non-residential parent’s ability to pay.
- If the arrears result from legal disputes or issues that have been addressed in court, a court may issue an order that might adjust the arrears. However, this is less common and typically involves exceptional circumstances.
- In rare cases, such as if the non-residential parent passes away or becomes incapacitated, there may be provisions for the arrears to be reconsidered. The CMS will assess these situations on a case-by-case basis.
Notwithstanding the above scenarios, the default position is that arrears are pursued until paid in full, as they are essential for meeting the financial needs of the child.
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