If you owe child maintenance

This means the CMS have made a ‘deduction from earnings order’. You might get one if you’re an employee and either:

• you’re in arrears and haven’t been able to agree a repayment plan with the CMS

• you haven’t kept to an agreement to pay off your arrears

The CMS will usually add an enforcement fee of £50 to what you owe. In some situations you won’t have have to pay another fee, like if they’re trying to impose more than one order because you have more than one job or have recently changed jobs. You’ll only have to pay one fee.

Talk to an adviser if you’re not sure if you have to pay it.

You’ll get an arrears notice from the CMS before they make the order. If you don’t want them to make it, try to agree a repayment plan with them. 

The CMS might agree not to make the order if you’ve paid regularly in the past and agree to set up a direct debit.

The CMS will make the order if you don’t respond to the notice or you can’t agree a repayment arrangement with them. 

The CMS will send a copy of the order to you and your employer. It will say:

• how much you owe

• how much your employer should deduct each time you get paid

There are strict rules about how much can be taken from your wages. You can find out more about how much can be taken. 

Your employer can charge you up to £1 for each deduction they make. They can be prosecuted if they don’t deduct the arrears and pay them to the CMS. 

If you want to get the order cancelled

The CMS might cancel a deduction from earnings order in certain circumstances, for example, if:

• it’s not working - like if you keep changing jobs or your earnings are so low they can’t make a deduction

• there’s a better  way of collecting the payments - like taking money from your bank account

• you agree a different way to pay with the CMS and they think it’s reasonable to cancel the order

If you’re unhappy about a deduction from earnings order, you should:

• offer to make reasonable repayments

• keep up with regular maintenance payments

The CMS aren’t likely to accept your offer to repay the arrears if you haven’t kept up regular payments in the past. 

If you think the deductions are too high

You can ask for more time to repay the arrears if you can show the deductions are too high. You need to tell the CMS about the effects that level of deductions is having on you and any  child you’re responsible for. For example, you might not be able to afford to visit them any more. 

If the CMS won’t take this into account, talk to an adviser.

If your maintenance payments are reduced because your circumstances change

The CMS must change the deduction from earnings order if the amount of maintenance you have to pay has gone down because, for example:

• your wages have gone down by 25% or more

• you have a child with your new partner

Make sure you tell the CMS about changes like these and ask them to review your deduction from earnings order.

Appealing against an order

You might also be able to appeal against a deduction from earnings order. You must appeal to the court within 28 days of the date on the order. 

You can only appeal in limited cases - an adviser can help you understand when you can. 

You should talk to an adviser if you want to appeal.

If you change your job

You must tell the CMS within 7 days or you could be fined. The CMS can ask you for more details of your new job. You must tell them:

• the name and address of your employer

• how much you’ll earn

• your place of work

• the type of work you'll be doing

• your payroll number - you can find this on your payslip

If you leave your job but don’t go straight to another one, the deduction from earnings order will stop temporarily. This is called ‘lapsing’. The order can start again when you get another job.

If your employer goes out of business

You should talk to an adviser.

 If you’ve paid all the arrears

The deduction from earnings order won’t necessarily stop. It can continue and be adjusted to cover your ongoing maintenance payments.

The CMS will have made a ‘regular deduction order’. This means the CMS can tell your bank or building society to deduct money from your account at regular intervals to pay off the arrears. 

The CMS can use this order to collect current maintenance payments, arrears or both. They’ll usually also add an enforcement fee of £50 to what you owe. In some situations you won’t have to pay that fee, like if you’ve changed bank account. 

Talk to an adviser if you’re not sure if you have to pay it.

The CMS can take money from your account either monthly or weekly. The bank or building society can charge you up to £10 for each deduction they make. 

There are strict rules about what can be taken out of a bank account. You must be left with 60% of your net weekly income. You might need to get specialist advice from a debt adviser.

Asking for a review or appeal

You can ask the CMS for a review of a regular deduction order at any time. You might want to ask for a review because:

• your gross weekly income has dropped - that’s your income before tax and national insurance have been deducted

• the amount of child maintenance you pay has changed

You can also appeal to a court against:

• a regular deduction order

• any decision the CMS make after you’ve applied for a review of the order

You can find an appeal form on the Scottish Courts and Tribunals website. 

Check when a regular deduction order might stop

It will stop when you pay off all the arrears. 

Your regular deduction order might ‘lapse’. That means it will stop temporarily if the CMS think it’s reasonable to do that and one of the following happens:

• there’s no money in your account

• you’ve agreed to pay another way

• if the CMS were making deductions from a joint account, they’re satisfied you’ve stopped putting money into that account 

If your order has lapsed, the CMS can start it again if one of the following happens:

• you don’t keep to the agreement to pay another way

• there’s now enough money in the account

• you start putting money into the joint account again

The CMS might decide to end the order - it’s called ‘discharging the order’. The CMS can discharge it in one of the following situations:

• you’ve paid all the arrears

• you’ve closed the bank account used

• the order has lapsed for more than 6 months 

• you die

If you still owe arrears, the CMS might take other steps to recover the money - like taking a sum of money from your account or getting a court order.

The CMS will have made a ‘lump sum deduction order’. 

They’ll also add an enforcement fee of £200 to what you owe. In some situations you won’t have to pay another fee, like if they’re trying to get more than one order because you have more than one bank account or have changed bank account. You’ll only have to pay one fee. 

Talk to an adviser if you’re not sure if you have to pay it.

Before they made the order, the CMS will have sent you an ‘interim order’ saying how much they want to take. This is temporary - you’ll have a chance to get the order changed before it’s made final.

You have 14 days to tell the CMS:

• why they shouldn’t make the final order

• about any changes you think should be made to the interim order

For example, you could say you need the money for essential items. You’ll need to explain what those items are - like replacing a washing machine or paying mortgage arrears. 

The CMS will also send a copy of the interim order to your bank or building society. This means you won’t be able to use the amount of money set out in the order. You’ll still be able to use any money over that amount.

The CMS will make a final order after either:

• considering your views

• 16 days, if you don’t reply

Your bank or building society will then deduct the money and transfer it to the CMS after 21 days. They can charge you £55 for making the deduction. 

During this 21-day period, you and anyone affected by the order can appeal to the court. 

You should talk to an adviser if you want to appeal.

Check when a lump sum deduction order ends

The CMS will end the lump sum deduction order if:

• you’ve closed the account named in the order

• you’ve paid the arrears in full

• there’s never enough money in the account for them to make a deduction

If you still owe arrears, the CMS might take other steps to recover the money - like going to court.

You’ll get a letter from the CMS saying:

• how much money you owe 

• you should agree a repayment arrangement with the CMS

If you don’t reply within 14 days, you’ll get a second letter telling you the CMS might apply for a liability order in the next 7 days. They will usually also add an enforcement fee of £300 to what you owe. You won’t have to pay the fee if the liability order isn’t made. 

Talk to an adviser if you’re not sure if you have to pay it.

The CMS have to go to court to get a liability order. You’ll be told the time and date of the court hearing.

You can make a repayment offer and ask the CMS not to take court action. The offer has to be reasonable. What’s reasonable will depend on your circumstances. Child maintenance payments are a priority debt so you should pay them before paying a credit card debt, for example. You can check what are priority debts.

Even if you make a repayment offer, the CMS don’t have to accept it - they might decide to ask for a liability order anyway. 

If you need help working out how much you can afford to pay, you can use our budgeting tool or talk to an adviser.

Attending the court hearing

You should go to the hearing. If you think the CMS haven’t taken into account payments you’ve made, you’ll need to bring proof you’ve made them. 

The court can’t review the calculation. It can still make a liability order if you challenge the amount you owe. You could ask the court to adjourn the hearing to give you time to ask for a review or appeal against the CMS calculation. The court might agree if you’ve already:

• paid off some of the arrears

• appealed against the assessment

If the CMS get a liability order

The CMS can take further action to make you pay off the arrears.

They can ask sheriff officers to take your goods away and sell them.

You shouldn’t try to avoid paying arrears by selling or transferring property. This could be your home, or it could be other things you own - for example, a car.  

The CMS can impose an order called an inhibition order to stop you selling your home.

If you want to appeal against a liability order 

You can’t appeal against a liability order but you can ask for it to be ‘set aside’ if you think the CMS have made a mistake. 

You can talk to an adviser.

If the CMS haven’t been able to recover the arrears in any other way, they can ask a court to take your driving licence or passport away. If those steps aren’t appropriate, they can ask the court to send you to prison unless you’re under 18.

You’ll get a notice telling you to attend a court hearing. The notice will set out how much you owe and the date and time of the hearing. 

You must go to the hearing. If you don’t go, the court could issue a warrant for you to be arrested.

At the hearing, the court will ask you:

• about your financial circumstances

• if you've deliberately refused or neglected to pay maintenance

• if you need a driving licence or a passport for work 

If you’re facing this type of court action, you should talk to an adviser.

If you need to drive or travel abroad for work

Make sure you take to the hearing: 

• full details of your financial situation including reasons why you haven’t paid

• proof you need a driving licence - like a letter from your employer saying you might lose your job if you can't drive

• proof you need a passport - for example if you’re a lorry driver and travel into Europe

The court will consider all the circumstances of the case. If they decide you've deliberately not paid maintenance, they can stop you from having or getting a driving licence or a passport for up to 2 years.

The court can decide to suspend the order. That means you’ll get to keep your licence or passport and won’t be sent to prison. They could do this for example, on condition you pay a set amount towards the arrears until they're paid off. If you don’t keep to this arrangement, the order will be reinstated - so you could then lose your licence or passport or be sent to prison. 

If you’re sent to prison

The court can send you to prison for up to 6 weeks if it doesn’t think you should be disqualified from driving or stopped from using your passport. It can only do this if you're aged 18 or over. 

The order to send you to prison can be suspended, so it might not start immediately. 

You’ll still have to pay the arrears after your prison sentence ends. The CMS can take further action if your circumstances change - like if you get a job and they can take money from your wages.  

If you want to appeal

You can appeal against the court order - you'll need to get advice from a solicitor to do this. 

If you can pay off the arrears

You can apply to get your driving licence or passport back or to be released from prison if you pay off all the amounts in the order. You should tell the court you’ve paid off the arrears.

If you pay back part of the arrears, you’ll lose your licence or passport or be imprisoned for a shorter period. How much shorter will depend on how much you’ve paid off.

If you're in prison, ask the CMS or the prison authorities who you should pay off the arrears to.