What to do if your ex refuses to pay child support

Is my ex required to pay child maintenance?

Child maintenance is a statutory obligation, which ensures that the non-resident parent, contributes financially to their child’s upbringing. If you and your ex-partner share equal responsibility of the child, you may be able to arrange child maintenance between yourselves, which is often known as a family-based arrangement.

However, if you can’t agree on a fair amount and it is illegal to not pay child maintenance, the CMS (Child Maintenance Service) can enforce liability orders and calculate payments based on the parent’s gross income, shared care arrangements and number of qualifying children. Refusing to pay child support is treated as a serious offence that can have serious legal consequences.

How to arrange child maintenance payments with an ex-partner

Arranging child maintenance payments with your ex-partner can be done by choosing one of three routes:

• Informal family-based arrangement

Both parents agree privately on how much and when maintenance will be paid. You can base your figures on the Child Maintenance Service (CMS) formula to keep it fair, but there’s no official paperwork or fees. This method offers maximum flexibility and fosters cooperation, but it depends entirely on both parties sticking to the arrangement.

• Child Maintenance Service

With this route, you apply to the CMS, which calculates payments using the paying parent’s gross income, number of qualifying children and any shared-care pattern. The CMS then issues a payment plan that can operate via Direct Pay (parent-to-parent transfers) or Collect and Pay (CMS collects payments and applies a fee). CMS involvement provides a formal calculation and strong enforcement powers if payments are missed or refused.

• Court order

The final route is if you and your ex-partner can’t reach a private deal or the CMS route isn’t suitable, you can apply to family court for a maintenance order. The court assesses both parents’ financial circumstances and issues a legally binding order that specifies how much must be paid and when. Enforcement measures include wage deductions, property seizure or contempt proceedings, making non-payment unlawful and subject to penalties.

How much should your ex pay in child support?

If you’re wondering how much your ex should pay in child support, the Child Maintenance Service uses a simple formula based on the paying parent’s gross weekly income: 12 percent for one child, 16 percent for two children and 19 percent for three or more.

Parents earning under £200 per week pay a flat rate, while those earning above £3,000 may face a court-determined additional contribution. The basic calculation is then adjusted down for any nights the child stays with the paying parent and for other children they support, ensuring the amount reflects both their ability to pay and the child’s everyday needs.

What should you do if you ex is not paying child support?

If your ex stops paying maintenance after you’ve reached an agreement, start by speaking to them directly to see if there’s a legitimate reason, perhaps they’ve faced a sudden change in circumstances and a temporary reduction in child support could help.

If they will not communicate, you have two main paths: instruct a family lawyer or involve the Child Maintenance Service (CMS). A lawyer can send a formal letter before action, explaining that refusing to pay child support is unlawful and that it’s usually better to negotiate than ignore the obligation; they’ll handle all further correspondence in the hope of finding a resolution.

Alternatively, the CMS can step in to recover arrears and enforce future payments. Once you notify the CMS of non-payment, they’ll attempt to facilitate a private collection, but if that fails, they can apply to the court for a liability order. With a liability order in place, the CMS can arrange deduction from earnings, initiate direct collection from their bank account, appoint enforcement agents to seize assets, impose surcharge penalties, and even pursue contempt of court proceedings in extreme cases.

Non-payment of child maintenance does happen regularly, but these legal enforcement measures ensure that refusing to pay child support carries real consequences and that you can recover what is owed.

How can a solicitor help when an ex is refusing to pay child maintenance?

If your ex is not paying child support, a family lawyer can assess your personal circumstances and advise you on whether it is better to make an application to the court or leave things to the CMS. Having a solicitor on hand can help you to understand your legal rights and obligations and provide guidance on the different options available to you if you have an ex that is refusing to pay child support.

As well as offering mediation should it be needed, a solicitor can also draw up an agreement that is fair and reasonable for both parties. It’s also key that the sooner you obtain expert advice, the sooner you can stop the situation from escalating and your financial position from deteriorating.

To speak to a family solicitor about problems obtaining child maintenance payments, call us now on 0330 041 5869 or contact us and we will call you.