Types of debt · 4 min read
Child maintenance arrears: how the CMS enforces them and what to do
The Child Maintenance Service has strong powers to collect arrears, including deductions from wages and bank accounts, bailiffs, losing your driving licence or passport, and in serious cases prison. How enforcement works and how to stop it escalating.
- Fact-checked
- Against official sources
- Last updated
- Next review due
- April 2027
- Applies to
- England and Wales
- Sources
- 3 listed on this page
Independent guidance, not a government service. This page is general information about the law in England and Wales, not financial or legal advice. Debt solutions have fees, risks and consequences. For free, impartial advice, contact MoneyHelper or a debt charity.
The short answer
Child maintenance arrears are a priority debt. The Child Maintenance Service (CMS) can take money from your wages or bank account without going to court, and with a liability order it can use bailiffs, a charging order, and in serious cases ask a court to take away your driving licence or passport or send you to prison. Arrears can’t be included in a DRO, IVA, bankruptcy or Breathing Space. Contact the CMS early to agree an affordable plan.
How the CMS collects arrears
Without going to court
- Deduction from earnings order: your employer takes money from your wages.
- Deduction orders from bank accounts: regular deductions or a lump sum from your bank or building society account.
After a liability order
If those methods don’t work, the CMS can apply to the magistrates’ court for a liability order. Then it can:
- pass the debt to enforcement agents (bailiffs) to take control of goods
- apply for a charging order on your home, and possibly an order for sale
- ask the court to disqualify you from driving or remove your passport
- in serious cases, ask the court to commit you to prison
Why it’s different from other debts
| Most debts | Child maintenance arrears | |
|---|---|---|
| Breathing Space | Usually covered | Not covered |
| DRO, IVA or bankruptcy | Usually included | Not included – you still owe it |
| Bank account deductions without court | No (except some HMRC powers) | Yes |
| Loss of driving licence or passport | No | Possible |
Read priority debts and can bailiffs take money from my bank account?
What to do
- Contact the CMS straight away if you can’t pay. Explain your circumstances.
- Report changes in your income. If your income has fallen, your maintenance calculation may need to change, but this doesn’t usually affect arrears already owed.
- Offer an affordable arrangement for the arrears alongside your ongoing payments.
- Deal with your other debts, which can be included in debt solutions, to free up money for maintenance. A DRO or IVA could deal with your credit cards and council tax arrears.
- Get free advice from MoneyHelper and debt charities.
Frequently asked questions
Can bailiffs come for child maintenance?
Yes, after the CMS gets a liability order. Bailiffs follow the usual Taking Control of Goods rules.
Can child maintenance arrears be written off?
In limited circumstances the CMS can write off some arrears, but you should never assume it will. Arrears can’t be written off through a DRO, IVA or bankruptcy.
Can I lose my driving licence for child maintenance arrears?
Yes, a court can disqualify you from driving if you’ve deliberately refused or neglected to pay, after other enforcement methods have been tried.
Sources
How we wrote this article
- Research: written from primary sources such as legislation.gov.uk, GOV.UK and the Insolvency Service, then fact-checked by a second member of our team. The sources are listed above.
- Checked: last checked on . Next review due April 2027, or sooner if the rules change.
- Scope: applies to England and Wales. If you live in Scotland or Northern Ireland, read our Scotland and Northern Ireland guide. It is general information, not personal advice.
- Independence: we are not a government website or service, and we are not connected to any council, court or enforcement company.
- Money: we may receive a fee if we introduce you to a debt advice firm. This doesn't change what we write. How we're paid.
Spotted something wrong or out of date? Email hello@howtostopthebailiffs.co.uk and we'll check it. Read our full editorial policy.