Child maintenance
CMS — chase arrears and request enforcement
Used when the paying parent has missed payments. Asks CMS to move to enforcement (deduction from earnings, deduction from accounts, liability order, driving licence / passport disqualification, committal).
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
REQUEST FOR ENFORCEMENT — UNPAID CHILD MAINTENANCE
Child Maintenance Service
Header
From: [YOUR NAME, NINO]
CMS reference: [CMS REF]
Paying parent: [NAME, NINO if known]
Date: [DD / MM / YYYY]
Request
Dear Sir / Madam,
The paying parent in the above case has failed to pay the amounts assessed by CMS. A schedule of arrears is attached.
Total arrears as at [DATE]: £[AMOUNT].
I have applied the Domestic Abuse Service Type and treat this non-payment as ongoing economic abuse within the meaning of section 1(4) of the Domestic Abuse Act 2021.
Please now:
1. Move to Collect & Pay if not already, and apply a Deduction from Earnings Order (DEO).
2. If self-employed or earnings cannot be traced, obtain a Liability Order and apply Regular or Lump-Sum Deductions from bank accounts.
3. Consider commercial enforcement: charging order, third-party debt order, removal of driving licence / passport, or committal (Sch 9B Child Support Act 1991 / s.39B–40B).
4. Confirm in writing every 28 days what action has been taken.
If no enforcement action is taken within 28 days I will escalate via the CMS complaints procedure, the Independent Case Examiner, and my MP to the Parliamentary and Health Service Ombudsman.
Yours faithfully,
[SIGN AND PRINT NAME]