Child Support Arrears
Have you received a notification from the Child Maintenance Service asking you to pay old arrears from the Child Support Agency? Most, if not all, of these cases involve arrears from plus 15 years ago. Many involve arrears from the very first child support scheme (1993 - 2003). When dealing with historic legislation it is important to remember that the legislation that was in place when a decision was made must be used even if the rules have chaged and it's 20 years later. You therefore need advice from someone who knows the legislation for all child support systems going back to 1993. Durham Legal Services has been here the same length of time as the CSA and CMS and we know the complete legislation.
Liability Orders are used by the Child Maintenance Service / CSA to recover child maintenance arrears. We're not here to say if Liability Orders and other Child Support Agency enforcement action is a good thing or a bad thing because the answer to that lies completely on who you are. If you're trying to look after the child and have all the related expenses then knowing that enforcement action is being taken has to help you out. However, if you are the person facing the Liability Order, and the amount is incorrect then it feels very different.
What we do know though, is that there are a huge number of Liability Orders being granted for completely the wrong amount and that helps no one because it misleads one parent into relying on a prospective windfall which is never going to materialise and it places the other into feeling criminalised for something they feel is out of their control.
To recover child maintenance arrears, the Child Maintenance Service is using Deduction from Earnings Orders, lump sum deduction orders on savings accounts and will even pursue child support arrears from your estate. Bankruptcy doesn't work as legislation prevents the arrears from being written off with the rest of the debts. What you need is professional help from us to solve the root cause of the child support arrears problem.
Child Maintenance Service Bailiffs
At Durham Legal Services, we understand that the Bailiffs have been properly appointed and have a job to do but that doesn't always mean the amount they are trying to collect is right. If you dispute you owe the debt, then we can help you with our arrears investigation service. If you need to challenge the debt and need help with enforcement then we can help with our case management service.
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