Child maintenance, often known as child support, is a crucial financial contribution to cover a child’s essential living costs. In Northern Ireland, it’s the responsibility of the parent who doesn’t live primarily with the child to provide this support to the parent or caregiver who does. This obligation typically extends to children under 16, or up to age 20 if they are in full-time education (not exceeding A-Level equivalent).
Understanding how child maintenance works and, more importantly, what happens when payments are not made is vital for both paying and receiving parents in Northern Ireland. At McPartland & Sons Solicitors, our family law team frequently assists clients navigating these challenging situations.
The Fundamentals of Child Maintenance in NI:
You are generally entitled to receive child maintenance if:
- You are the primary caregiver for the child (this could be a parent, grandparent, or legal guardian).
- The child’s other parent does not live in the same household as part of your family.
You are generally obligated to pay child maintenance if you:
- Are the biological or adoptive parents of the child.
- Do not live with the child as part of their primary family unit.
- Are legally recognised as the child’s parent.
What Happens When Child Maintenance Payments Are Missed in Northern Ireland?
Failure to pay child maintenance in Northern Ireland can trigger a range of enforcement actions. The specific steps taken will often depend on whether the maintenance arrangement was established through a Consent Order (agreed upon by parents and formalised by the court) or via the Child Maintenance Service (CMS).
Enforcing a Consent Order:
If a child maintenance agreement is formalised as a Consent Order by the court and payments are not being made, the receiving parent can apply to the court for enforcement. The court possesses several powers to compel payment, including:
- Attachment of Earnings Order: The court can order the paying parent’s employer to deduct the maintenance amount directly from their wages and forward it to the receiving parent.
- Charging Order: The court can place a charge on the paying parent’s property, meaning that if the property is sold, the outstanding maintenance arrears must be paid.
- Order for Sale of Property: In more severe cases of non-payment, the court can order the sale of the paying parent’s assets, including property, to recover the unpaid maintenance.
- Seizure and Sale of Goods: The court can authorise the seizure and sale of the paying parent’s belongings to raise funds to cover the arrears.
Child Maintenance Service (CMS) Enforcement Actions:
If you are using the CMS “Collect and Pay” service and the paying parent misses payments or doesn’t pay the full amount, the CMS will initially contact them by phone and letter. They will typically issue a warning, stating that enforcement action will commence within a week unless the paying parent:
- Agrees to pay the full amount of the missed payments.
- Adheres to the original child maintenance decision going forward.
If the paying parent fails to comply, the CMS has a range of powers to recover the unpaid maintenance directly:
- Dedication from Earnings Request (DER): The CMS can instruct the paying parent’s employer to deduct the maintenance amount directly from their salary or pension and pay it to the CMS, who will then pass it on to the receiving parent. Employers are legally obligated to comply with a DER, and failure to do so can result in the CMS taking the employer to court. The CMS will ensure the paying parent retains a certain amount to cover their basic living expenses.
- Dedication from Bank or Building Society Accounts: The CMS can directly instruct the paying parent’s bank or building society to deduct the outstanding maintenance from their account. This can be for ongoing payments or a one-off lump sum to clear arrears. Importantly, the CMS does not require the paying parent’s consent or a court order to implement this, although the bank may charge an administrative fee.
- Liability Order: The CMS can apply to the court for a Liability Order against the non-paying parent. Once granted, this gives the CMS further powers to enforce payment, such as instructing bailiffs to seize and sell goods.
Seeking Expert Legal Advice:
Navigating child maintenance issues, especially when payments are not made, can be stressful and legally complex. Whether you are a receiving parent struggling to get the support your child needs or a paying parent facing enforcement action, seeking legal advice is crucial.
At McPartland & Sons Solicitors in Northern Ireland, our experienced family law team can:
- Advise you on your rights and obligations regarding child maintenance.
- Assist receiving parents in pursuing enforcement action through the courts or the CMS.
- Advise paying parents facing enforcement action on their options and potential challenges.
- Represent you in court proceedings related to child maintenance disputes.
Don’t let unpaid child maintenance become a source of undue stress and financial hardship. Contact our expert family lawyers at McPartland & Sons Solicitors today for clear, compassionate, and effective legal guidance.
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