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On this page : Maintenance Through the Court | Maintenance Through the Child Support Agency |
Maintenance
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You
can be ordered to pay maintenance either by the court, as part of the separation or divorce process,
or by the Child Support Agency.
Maintenance Through the Court
If the court
has ordered you to pay regular payments, you can apply to reduce the payments if you cannot afford
them.
If you do not pay, the court can order you to attend a hearing to explain why you have
not paid. It can give you more time to pay and, in exceptional circumstances, write off the
arrears.
If the court decides you are deliberately not paying, the court may try to:
- use bailiffs to seize goods and sell them;
- take payments directly from
your wages if you are employed;
- order you to be sent to prison.
If
you are in arrears you should contact the court immediately and take a copy of your business and household budget to
any hearings and explain why you cannot pay the full amount. The court may reduce the amount you
have to pay.
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Maintenance Through the Child Support Agency
The Child Support
Agency (CSA) can decide what maintenance you should pay and then collect it. This is most likely if
your ex-partner is on Income Support or income-based Jobseeker’s Allowance. The CSA will decide the
amount by using a set formula.
If you do not pay, the CSA can collect the maintenance direct from your
wages if you are employed, on Income Support, pension credit or Jobseeker’s Allowance without a
court order.
If they are unable to do this, the CSA can ask the magistrates’ court for a
liability order. When this has happened they may try to:
- use bailiffs to seize goods
and sell them;
- get a charge on your property, which means your home could be
sold if you do not pay;
- seize money from your bank account;
- ask the court to send you to prison, which can be for up to six weeks, but the court will
only do this if it thinks you are deliberately not paying;
- ask the court to
take away your driving licence for up to two years.
If you are in arrears, contact the CSA
to make an arrangement to pay. They may accept an amount on top of your normal payment to clear the
arrears over an extended period of time. Inform the CSA of any changes
of circumstances immediately.
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