UKMy ex isn't paying the child maintenance ordered. How do I enforce it?
You can apply to the Child Maintenance Service (CMS) for enforcement action, or ask the court to issue a liability order and take further steps like wage deductions or seizure of assets.
What the Law Says
The Child Maintenance and Other Payments Act 2008 gives the Child Maintenance Service (CMS) strong powers to enforce unpaid maintenance. Section 32 is central to this process.
If your ex-partner fails to pay child maintenance as ordered, the CMS can step in to recover the money. First, the CMS must issue a 'liability order' — a formal court order confirming the debt. Once that’s in place, the CMS has several enforcement tools at its disposal.
These include deducting money directly from earnings (up to 40% of net income), seizing funds from bank accounts, placing charging orders on property, or applying for a warrant of control (to seize goods). In serious cases, the CMS can even seek committal to prison for deliberate non-payment — though this is rare and only after other options fail.
The law also allows the CMS to charge penalties: a £500 fixed penalty for failing to comply with certain enforcement notices, and additional daily penalties if payments remain overdue.
Statutory TextThe Secretary of State may make provision by regulations for the enforcement of liability orders made under section 31.
— Child Maintenance and Other Payments Act 2008, s. 32 — Enforcement of liability orders
What to Do
Contact the Child Maintenance Service (CMS) immediately — they handle enforcement for most cases set up through them or converted from court orders.
If your case is a private arrangement or an old court order not managed by CMS, apply to the family court for a liability order using form C100.
Once a liability order is made, ask the CMS or court to use enforcement methods — e.g., attachment of earnings, third-party debt orders, or enforcement agents (bailiffs).
Keep records of all missed payments, communications, and evidence of your ex-partner’s income or assets to support enforcement applications.
Sources
Same Question, Other Jurisdictions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.
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