Arrears, Missed Payments & Enforcement: Current Rules
These additions use current GOV.UK, DWP and legislation.gov.uk sources and sit alongside the full guide below.
Report Missed Direct Pay Payments
GOV.UK says a Receiving Parent using Direct Pay should report if the Paying Parent misses payments, does not pay enough or pays late. This can be done through the online CMS account.
GOV.UK also tells Direct Pay users to keep a record of payments, because a bank statement may be needed if a payment is disputed.
CMS payments guidance Sign in and report missed paymentIf You Cannot Pay in Full or on Time
Current GOV.UK guidance says that if you cannot pay child maintenance in full and on time, or have missed a payment, you should contact CMS. If income or circumstances have changed, report the change as well.
Ignoring a missed payment can allow arrears and enforcement problems to grow.
If you cannot pay in full Report a changeCollect & Pay and Current Fees
If CMS moves a case to Collect & Pay under the current system, CMS collects and transfers the maintenance. Current GOV.UK guidance applies a 20% collection fee to the Paying Parent and deducts 4% from the amount passed to the Receiving Parent.
These are the current fees; future reform proposals should not be presented as already in force unless commencement is confirmed.
Current CMS payment feesDEO Protected Earnings
Where CMS recovers maintenance or arrears through a Deduction from Earnings Order, the employer must normally leave the employee with at least 60% of net earnings for the pay period. This is the statutory protected earnings proportion.
This is specifically a DEO safeguard; it is not a general rule that every form of CMS collection is capped at 40% of income.
GOV.UK protected earnings Regulation 11CMS Can Deduct From Bank Accounts
GOV.UK confirms that where maintenance is unpaid, CMS can in some circumstances take money directly from a bank or building-society account. It can also deduct from pay, pension or benefits and pursue a liability order.
Official unpaid-maintenance guidanceLiability Orders & Stronger Enforcement
Current GOV.UK liability-order guidance describes a liability order as legal recognition that a specified amount of child maintenance was not paid for a specified period. A liability order can then support stronger enforcement action.
Government reforms have also been developing an administrative-liability-order route, so check the current notice and legislation applying to the individual case.
Liability-order guidance Accelerated enforcement reformArrears Can Continue After Regular Maintenance Ends
GOV.UK expressly says a Paying Parent may still need to make payments after regular child maintenance stops if they have missed payments in the past.
When regular maintenance stopsChallenge the Decision Behind the Debt
If the dispute is about a CMS decision that determines the amount of maintenance, GOV.UK says Mandatory Reconsideration must normally be requested within 30 days of the decision letter.
Not every arrears disagreement is the same type of decision, so identify whether the problem is the underlying calculation, a payment-allocation error, an effective date, or a service failure.
CMS complaints & appeals SSCS2 tribunal appealGet the Records Behind the Arrears
A DWP Subject Access Request can be used to obtain personal information held about a CMS case, including CMS account information and records relevant to a dispute or investigation.
This can help reconstruct payment histories, case notes and decision trails where records are contested.
DWP Subject Access RequestCorrect Inaccurate Factual Records
UK GDPR gives individuals a right to request correction of inaccurate personal data. This can help with factual record errors, but it does not replace Mandatory Reconsideration or appeal where the dispute is about the legal maintenance decision itself.
ICO: correct inaccurate dataCurrent CMS Enforcement Data
DWP’s latest published CMS statistics provide official information on compliance, arrears and enforcement activity. These statistics are useful for transparency and for understanding how often different enforcement routes are being used.
CMS statistics to March 2026Collection & Enforcement Regulations
The Child Support (Collection and Enforcement) Regulations 1992 contain major parts of the statutory framework for collecting and enforcing child-support maintenance, including deductions and protected earnings.
Collection & Enforcement RegulationsBuild an Arrears Reconciliation Pack
Where the balance is disputed, reconstruct the account period-by-period rather than arguing only about the final total.
Important: “Arrears” Can Contain Different Types of Dispute
A balance can be wrong because the underlying maintenance decision was wrong, because a payment was not allocated correctly, because a change was applied from the wrong effective date, or because historical records are incomplete. These may require different challenge routes. A service complaint alone does not automatically replace a Mandatory Reconsideration or tribunal appeal where a statutory decision itself is disputed.
Official Arrears, Payment & Enforcement Sources
Arrears & Missed Payments
The detailed material below preserves the content supplied for this page.
Arrears & Missed Payments
Child maintenance arrears are one of the most disputed areas of the Child Maintenance Service (CMS).
Arrears can arise when child maintenance that CMS believes is due has not been paid in full or on time. In some cases, arrears are genuine. In other cases, disputes arise because of:
- Missing payment records
- Unallocated payments
- Incorrect calculations
- Shared care disputes
- Changes of circumstances not being updated
- Administrative errors
- Evidence not being considered
- Incorrect effective dates
- Historical record keeping issues
For Paying Parents, arrears can have serious consequences, including collection fees, enforcement action, deductions from wages, deductions from bank accounts, and legal proceedings.
This guide explains:
- What arrears are
- How arrears build up
- Repayment arrangements
- Enforcement powers
- Record keeping and evidence
- Challenging incorrect arrears
- Legal rights and protections
- Accountability and oversight
What Are Child Maintenance Arrears?
Arrears are amounts that CMS believes remain unpaid under a child maintenance assessment.
Arrears may relate to:
- Ongoing maintenance
- Historical maintenance
- Backdated adjustments
- Missed payments
- Partial payments
CMS may continue to pursue arrears even after a child maintenance case has otherwise ended.
Not All Arrears Are Disputed
Many arrears arise because:
- Payments were genuinely missed.
- Financial difficulties occurred.
- Payments stopped during unemployment.
- Agreements broke down.
In these circumstances, arrears may be accepted by both parents.
However, some arrears become disputed because there is disagreement about whether the debt is accurate.
How Arrears Build Up
Arrears can build up for many reasons.
Missed Payments
The most common cause.
Partial Payments
Where only part of the assessed amount is paid.
Direct Pay Disputes
Parents disagree about whether payments were made.
Shared Care Errors
Incorrect overnight stay information affecting liability.
Income Assessment Errors
Maintenance calculated using incorrect income figures.
Changes Of Circumstances Not Updated
Income or family changes not reflected in assessments.
Administrative Errors
Mistakes in recording payments or updating information.
Delayed Reporting
Changes reported late can sometimes result in retrospective adjustments.
Why Arrears Disputes Occur
Paying Parents commonly report concerns involving:
- Payments made but not credited
- Missing Direct Pay records
- Duplicate debt entries
- Incorrect shared care calculations
- Incorrect income information
- Evidence allegedly ignored
- Historical records missing
This is why evidence and record keeping are so important.
Repayment Arrangements
Where arrears exist, CMS may seek repayment arrangements.
Repayment arrangements may vary depending on:
- Current maintenance liability
- Size of arrears
- Financial circumstances
- Payment history
- Enforcement status
Ongoing Maintenance Plus Arrears
CMS may collect:
- Current child maintenance
- An additional amount towards arrears
at the same time.
Discussing Affordable Repayments
Where financial hardship exists, parents may wish to provide evidence regarding:
- Income
- Expenditure
- Housing costs
- Other dependants
- Financial commitments
CMS may consider relevant information when assessing repayment arrangements.
Enforcement Powers
Where arrears remain unpaid, CMS has significant enforcement powers under legislation.
These powers are intended to recover maintenance but should be exercised lawfully, proportionately, and using accurate information.
Common Enforcement Actions
Deduction From Earnings Orders (DEO)
Money deducted directly from wages.
Deduction From Benefits
Certain benefit deductions may be available.
Deduction From Bank Accounts
Money may be taken directly from bank accounts in some circumstances.
Liability Orders
CMS may seek legal authority for further enforcement action.
Further Enforcement Measures
Additional enforcement powers may be available under legislation.
Important Protection For Paying Parents
Enforcement powers do not remove a person's rights.
The existence of arrears does not automatically mean the arrears figure is correct.
Parents should never assume that:
- A debt is accurate simply because it appears on a CMS statement.
- An arrears figure cannot be challenged.
- Evidence will automatically be considered without being reviewed.
Keeping Records
Good record keeping is one of the strongest protections available.
Payment Records
Keep:
- Bank statements
- Standing order records
- Payment confirmations
- Screenshots
- Receipts
CMS Correspondence
Keep:
- Letters
- Emails
- Decision notices
- Enforcement notices
Shared Care Evidence
Keep:
- Parenting schedules
- Court orders
- School records
- Communication records
Income Records
Keep:
- Payslips
- Payroll records
- Tax records
- Pension contribution records
Historical Records
Retain records for as long as possible.
Historical evidence often becomes crucial during arrears disputes.
Advanced Claimant Protection
Parents should understand the principles that should govern arrears decisions.
Natural Justice
Individuals should have an opportunity to present evidence.
Procedural Fairness
Evidence should be properly considered.
Rational Decision-Making
Decisions should be based upon facts and evidence.
Transparency
Parents should understand how arrears were calculated.
Accountability
Public authorities remain accountable for errors.
Evidence Standards
Where arrears are disputed, useful evidence may include:
- Bank statements
- Direct Pay records
- Payroll records
- Employer evidence
- Shared care records
- Court orders
- CMS correspondence
- Historical account statements
Evidence should be reviewed objectively and fairly.
If You Believe Arrears Are Incorrect
Parents should act promptly.
Request A Full Arrears Breakdown
Ask CMS for:
- Every maintenance charge
- Every payment received
- Every adjustment
- Every arrears calculation
- Payment allocation records
Request Account Statements
Obtain a complete account history.
Compare Records
Compare CMS records against:
- Bank statements
- Payroll deductions
- Direct Pay records
- Shared care evidence
Submit Supporting Evidence
Provide copies of relevant documents.
Request Mandatory Reconsideration
Seek a formal review where appropriate.
Appeal Where Available
Certain decisions may be appealable to an independent tribunal.
Make A Complaint
Where concerns involve service failures, delays, maladministration, or evidence handling.
Can CMS Continue Collecting Disputed Arrears?
This is a common concern raised by Paying Parents.
In practice, CMS may continue collection activity while a dispute is being considered unless it decides otherwise.
However, parents can request that:
- Evidence is reviewed.
- Arrears calculations are explained.
- Disputed amounts are investigated.
- Errors are corrected.
Maintaining clear evidence significantly strengthens any challenge.
Data Protection Rights
Individuals have rights regarding information held by CMS.
These may include:
Subject Access Requests (SARs)
Request copies of information held.
Record Corrections
Challenge inaccurate records.
Data Accuracy Complaints
Raise concerns where records are wrong.
Relevant Legislation
Key legislation includes:
- Child Support Act 1991
- Child Maintenance and Other Payments Act 2008
- Child Support Collection and Enforcement Regulations
- Human Rights Act 1998
- Data Protection Act 2018
- UK GDPR
These legal frameworks support fairness, accountability, and accurate record keeping.
Accountability And Oversight
CMS remains accountable to:
- Independent Tribunals
- Courts
- Independent Case Examiner (ICE)
- Parliamentary and Health Service Ombudsman
- Information Commissioner's Office (ICO)
- Parliament
These bodies provide oversight where concerns arise regarding arrears calculations, evidence handling, maladministration, or procedural fairness.
Useful Government Resources
Child Maintenance Service
Open official / referenced resource ↗
Child Maintenance Payments
Open official / referenced resource ↗
Mandatory Reconsideration & Appeals
Open official / referenced resource ↗
CMS Complaints Procedure
Open official / referenced resource ↗
Independent Case Examiner
Open official / referenced resource ↗
Information Commissioner's Office
Open official / referenced resource ↗
Arrears Protection Checklist
- Keep every payment record
- Save bank statements and screenshots
- Retain CMS correspondence
- Keep payroll and pension records
- Record shared care arrangements
- Request full arrears breakdowns
- Compare CMS records against your own
- Challenge inaccuracies promptly
- Keep evidence indefinitely where possible
- Never assume arrears figures are automatically correct
Key Message
Child maintenance arrears can have serious financial consequences, but all arrears should be accurate, evidence-based, and capable of explanation. Parents have the right to understand how arrears have been calculated, to provide evidence, to challenge errors, and to seek reviews where appropriate.
For Paying Parents especially, careful record keeping, maintaining independent evidence, reviewing calculations regularly, and acting quickly when concerns arise can provide important protection against disputed debt, incorrect arrears, and avoidable enforcement action. Accurate evidence remains one of the strongest safeguards within the child maintenance system.
Right First Time UK
Fair Decisions. Public Money. Real Accountability.