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Guide to Child Maintenance Arrears & Payments

These additions use current GOV.UK, DWP and legislation.gov.uk sources and sit alongside the full guide below.

About this guide

These additions use current GOV.UK, DWP and legislation.gov.uk sources and sit alongside the full guide below.

Important: An arrears balance can involve both genuine unpaid maintenance and disputes about calculations, effective dates, payment allocation or missing evidence. This page keeps the full guide and adds current official-source information to help distinguish those issues and the correct challenge routes.
CURRENT OFFICIAL-SOURCE CHECK • AUGUST 2026

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.

MISS

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 payment
CALL

If 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 change
C&P

Collect & 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 fees
60%

DEO 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 11
BANK

CMS 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 guidance
LO

Liability 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 reform
END

Arrears 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 stops
30

Challenge 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 appeal
SAR

Get 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 Request
DATA

Correct 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 data
STAT

Current 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 2026
LAW

Collection & 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 Regulations

Build an Arrears Reconciliation Pack

Where the balance is disputed, reconstruct the account period-by-period rather than arguing only about the final total.

1Define the period: identify the exact start and end dates of the arrears you dispute.
2List every charge: record each weekly/monthly maintenance liability, adjustment and fee applied by CMS.
3List every payment: match Direct Pay transfers, CMS receipts, DEO deductions and other payments against the same period.
4Check allocation: identify payments taken but not credited, credited to the wrong period or missing from the CMS statement.
5Check the underlying calculation: verify income, shared care, relevant other children and effective dates for every period that affects the debt.
6Preserve proof: keep bank evidence, payroll records, CMS statements, letters, screenshots and proof of when evidence was supplied.

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

FULL GUIDE CONTENT

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.