Slide 1

Dawson Cornwell Solicitors15 Red Lion Square, London, WC1R 4QT+44 (0)20 7242 2556

Website: www.dawsoncornwell.com Email: ld@dawsoncornwell.com

Child Maintenance Enforcement and Collection in England and Wales

Lisette Dupr Solicitor at Dawson Cornwell

1The Child Maintenance ServiceThe CourtEnforcing child maintenance orders/assessments abroad and incoming foreign child maintenance orders/assessments

Child Maintenance Enforcement and Collection in England and Wales

The Child Maintenance Service (previously the Child Support Agency)

The Child Support Act 1991 gave jurisdiction to the Child Support Agency (CSA) to trace, assess, collect and enforce child maintenance.Child Support, Pensions and Social Security Act 2000 introduced a new formula.Child Maintenance and Other Payments Act 2008 created the Child Maintenance Service and introduced another new formula.

Paying parent (PP) v Receiving parents (RP)Which parent has more overnight stays?If equal, there wont be a PP and RP IncomePPs gross income based on previous years income declared to Her Majesties Revenue and Customs (HMRC).The first 156,000 per annum/ 3,000 per week of income considered only.Deduct pension contributions, school fees etc.If income of PP is less than 10,400 per annum /200 per week special rules apply.Step 1:Deduction for children living with PP1 child2 children3 or more children11% of gross income14%16%Step 2:Levy for relevant children:1 child2 children3 or more childrenFirst 800pw of gross income12%16%19%Gross income above 800pw9%12%15%Divide the amount payable between the relevant childrenReduce for the number of overnights stays the relevant child spends with the PPThe 2008 CMS scheme

Deduction of Earnings Orders (an order that the Paying Parents (PP) employer pay some of the PPs earnings to the CMS)BailiffsCharging Orders (a means of securing a debt. Only when the property is sole will the debt be paid in full or part depending on the value of the property and any other charges there maybe)3rd party debt order (an order by which a third party who owes money to the PP is ordered to pay that money to the CMS in part or full satisfaction of the maintenance arrears. Most frequently used against bank accounts)Driving licence removalPassport removalCurfewPrison Freezing ordersDeduction from accountsLump sum deductionsAdministrative passport removal (not yet in force)Administrative disqualification from driving/ travel (not yet in force)

CMS - Enforcement

The LawThe Matrimonial Causes Act 1973/Civil Partnership Act 2004 (for married or parents in a civil partnership)The Children Act 1989 (for unmarried parents or those not in a civil partnership)

Child Maintenance OrdersPeriodical payments (secured or unsecured)Lump sum (secured or unsecured)School fees

The Court

Attachment of Earnings ordersExecution of documents (whereby the court execute documents as if they were the debtor effecting for example, the transfer of property or surrender of a life policy)Charging orders3rd Party debt orders Warrant of possession/ control (seizing the debtors belongings for sale)Bankruptcy Petition

The Court - Enforcement

Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement and cooperation in matters relating to maintenance obligations (The EU Maintenance Regulation)Convention on the International Recovery of Child Support and other Forms of Family Maintenance (Concluded23 November2007) (The 2007 Hague Convention)

Enforcement abroad

Thank you for listening

Lisette Dupr

Dawson Cornwell Solicitors15 Red Lion Square, London, WC1R 4QT+44 (0)20 7242 2556

Website: www.dawsoncornwell.com Email: ld@dawsoncornwell.com