Child maintenance payments are considered priority bills. If you don’t pay, the consequences can be severe. Try and stay on top of your payments and treat them as priority outgoings ahead of any unsecured loans or credit cards.
If you can’t afford to pay child maintenance
There’s no government assistance, but there are options if you’re struggling with payments.
If you continue to receive your full income (or 80% of it), you will be expected to pay your child maintenance payments in full, regardless of the coronavirus crisis.
However, if you’ve been made redundant or lost at least 25% of your income because of coronavirus, you will be able to reduce the amount you contribute.
But remember, the government doesn’t make up any child maintenance shortfall.
What to do if you can’t pay child maintenance
1. Speak to the receiving parent
First, talk to the other parent and try and reach a compromise.
This is the quickest and simplest way to reach an agreement. Good communication and empathy are important, as well as being honest about your financial situation.
It might be worth asking to reduce child maintenance payments for now. Then plan to return to the normal, higher amount when your income returns to normal.
If you can come to an arrangement, and your income has dropped by at least 25%, contact the Child Maintenance Service, to make them aware. There’s a chance they may be able to offer more support because of the pandemic.
2. If you can’t agree, ask the Child Maintenance Service (CMS) to step in
Consider asking the CMS to calculate what you should be paying if your income has fallen by 25% or more if you’ve been furloughed or made redundant. The CMS charge a fee for this service, so it’s usually preferable to make an arrangement between you.
If your income hasn’t dropped by that amount – you will have to carry on paying the full amount.
The CMS are currently prioritising parents who have been furloughed or made redundant over those who have had a drop in income, due to a lack of resources.
The CMS will make their assessment based on the paying parent’s gross annual income.
If you can pay, but refuse to, the CMS can enforce payments. These will be deducted directly from your earnings or bank account.
At the moment, you can just call the CMS to let them know how your financial situation has changed because of coronavirus. But you will need to provide evidence to back this up as a later date.
If you need to apply to the CMS for a payment reduction, do this as soon as possible. Their resources are limited because of the pandemic, so the application is likely to take longer than usual.
What could happen if I don’t pay my child maintenance?
The consequences can be severe. If you miss payments, the CMS have the power to deduct arrears and ongoing payments straight from your earnings or bank account. They have a wide range of other powers and, as a last resort, you could face prison if you refuse to pay.
If you’re paying child maintenance in accordance with a court order that’s less than 12 months old, you will be in breach of the order if you stop paying.
If you stop paying without the agreement of your former partner and don’t apply for a variation, enforcement proceedings may be started.
- If payments are reduced or stopped (unless agreed between you), you will be in breach of the court order.
- If you genuinely can’t meet payments because your income has fallen, you can ask the court to reduce the amount of child maintenance you need to pay.
When to get debt advice
If you have missed more than one Child Maintenance payment or are juggling other debts, it’s important you pay them off in the right order as some are more urgent than others.
To help you work out which ones to pay off first, see our guide How to prioritise your debts
Have you missed a payment?
Use our Debt advice locator tool to find free and confidential debt advice online, over the phone or near to where you live.
Extra support if you’re struggling financially and with your mental wellbeing
Having mental health issues might mean that you struggle to make the best money-based decisions for you, as well as act on them.
Find practical tips on how to manage financially and where to get free specialist help in our guide Money problems and mental wellbeing
Remember, if you’re struggling financially and with your mental wellbeing, it’s worth getting in contact with your bank, building society, lender or whoever you owe money to, to discuss your options.
However, picking up the phone and talking about your problems is often easier said than done when you’re struggling with your mental health.
Check out our guide on How to have a conversation about money to get practical tips on how you can talk to those you owe money to
Most places that you owe money to have policies about supporting you if you’re vulnerable. But they can’t help you unless you ask.
For some general tips on how you can manage your mental health check out Rethink’s guide. It covers everything from setting a budget to getting help if you, or someone you care about, is having a mental health crisis.
