Child Maintenance Arrears: CMS Enforcement and Bailiffs

That order matters, because the earlier tools are quieter but harder to resist, and the point where you can still negotiate is earlier than most people expect. This page sets out each stage, where enforcement agents fit, and what a paying parent can actually do about arrears that have built up.

Collect and Pay, and why arrears get expensive

When payments under a Direct Pay arrangement are missed, the CMS can move the case onto Collect and Pay, where it collects the money itself. That switch carries a standing cost: 20% is added to each payment for the paying parent, and 4% is deducted from what the receiving parent gets.

So a paying parent in arrears is usually also paying a fifth more than the assessment from that point on. Getting back to Direct Pay generally requires a period of paying reliably, which is one practical reason to engage early rather than after enforcement has started.

Deductions from earnings

The first enforcement tool is a deduction from earnings order. The CMS makes this itself under the child support legislation and serves it on your employer, who must take the amount from your pay and send it on. No court is involved and no hearing takes place first.

The order has to leave you with a protected proportion of your earnings, but the rate can still be substantial where arrears are being collected alongside the ongoing amount. If the deduction leaves you unable to meet essential outgoings, you can ask the CMS to review it, and it is worth doing that in writing with figures rather than by phone.

Deductions straight from a bank account

Where earnings deductions are inappropriate or do not work, for example for someone self-employed, the CMS can make a deduction order against a bank or building society account. These come in two forms: a regular deduction order, which takes a fixed amount on a set cycle, and a lump sum deduction order, which freezes and then removes a one-off amount. There are rules protecting a minimum balance and, for lump sum orders, a representation period before money actually moves.

Again, no bailiff is involved. Money moves between institutions, which is exactly why many paying parents only realise how far things have gone when a payment bounces.

The liability order, and where bailiffs come in

Bailiffs need a liability order first. At the time of writing the CMS still has to apply to the magistrates' court for one, and the court's role is narrow: it checks that the amounts claimed are payable and unpaid, not whether the underlying assessment was fair.

Parliament has legislated to replace that court application with an administrative order made by the CMS itself, under the Child Support (Enforcement) Act 2023. Those provisions had still not been brought into force as of early 2026, a point confirmed in Parliament in March 2026, so the court route still applies, but the position is expected to change and is worth checking if you are reading this later.

Once a liability order exists, the CMS can instruct enforcement agents, who operate under the same taking control of goods rules as for any civil debt in England and Wales. That means a notice of enforcement giving at least 14 clear days before a visit, visits only between 6am and 9pm, fixed fees added at each stage, currently £79 at the compliance stage and £247 plus a percentage at the enforcement stage, and control only of goods belonging to the paying parent. For child maintenance, agents have no power to force entry to your home; entry must be peaceable. See what bailiffs can and cannot do and notice of enforcement for the detail, and bailiff fees for the full scale. Scotland and Northern Ireland enforce child maintenance arrears through their own separate systems rather than this one; see our guide to debt enforcement in Scotland and Northern Ireland.

The sanctions beyond bailiffs

A liability order also unlocks the more serious court sanctions: a charging order against property, and applications to disqualify a parent from driving, to take away a passport, or, as a genuine last resort, to commit to prison. The court has to be satisfied the non-payment comes from wilful refusal or culpable neglect before the harshest of those, and offering a realistic repayment arrangement is usually the strongest answer to such an application.

What a paying parent can do about arrears

Check the assessment itself. Arrears built on a wrong assessment are still enforceable until the assessment is changed, so challenge the figure through mandatory reconsideration promptly rather than ignoring letters. Changes of circumstances, income falling, a child's living arrangements changing, only take effect from when they are reported, which is why late reporting creates arrears that feel unfair but are legally due.

Negotiate the arrears rate. The CMS can agree how quickly arrears are repaid alongside ongoing maintenance, and it is required to consider your welfare and ability to pay. A written offer backed by an income and outgoings breakdown carries more weight than a request to "be reasonable".

Respond before each escalation. Every stage on this page is preceded by letters, and each one is a chance to set up an arrangement before the next, more expensive stage begins. Once a liability order exists and agents are instructed, their fees are added to what you owe, so the cheapest moment to deal with arrears is always now.

If bailiffs are already involved, the ordinary protections apply, and what can bailiffs take covers which goods are off limits. For help tailored to the whole position, use our get help service. Initial advice is free.