As the court can only make agreed child maintenance orders, it is extremely rare that it is necessary to enforce a child maintenance order, so the following only deals with enforcement of child support.
The CSA has two courses open to it to enforce payment of child support:
• If the NRP is an employee, it can take money direct from their earnings (a ‘deduction from earnings order’); or
• It can take action through the courts.
A deduction from earnings order can be made when the NRP works for an employer or receives an occupational pension. This is normally the first method of enforcement where the NRP is employed. The CSA tells the employer how much to deduct and the employer must pass that sum on to the CSA. The employer can also take up to £1 for their administrative costs. Note that if the NRP changes employer or becomes unemployed, they must notify the CSA. Note also that if the deduction by the employer is insufficient to pay the child support, then the CSA may also take the NRP to court to recover the balance.
If the CSA takes action through the courts, then the first step will be to apply to a magistrates’ court for a liability order, which enables the CSA to take further action to recover payment of child support. Obtaining a liability order is virtually a formality – the court can’t question the maintenance assessment and must make the order if the NRP is in arrears with payments of child support. Once the liability order has been made, the CSA can take the following action:
• Instruct bailiffs to seize the NRP’s belongings and sell them to raise the money to pay the amount owed; or
• Have the order entered on the Register of Judgments, Orders and Fines, which will affect the NRP’s credit rating; or
• Apply to a County Court for a third party debt order, requiring a third party such as the NRP’s bank to freeze money in the NRP’s account and pay it to the CSA, or for a charging order against any property owned by the NRP, attaching the debt to that property (and if necessary requiring the property to be sold so that the debt is paid); or
• Apply to a magistrates’ court for the NRP to be disqualified from driving or to be committed to prison for up to six weeks.
Note that the Child Maintenance and Enforcement Commission (see above) will have new enforcement powers from 2009/10, including the power to take money from bank accounts itself.