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Enforcement powers

The statutory maintenance service (currently operated by the Child Support Agency) will have a range of powers enabling it to take firm action to ensure parents meet their financial responsibilities.

It will continue to have access to all of the tools and techniques currently available to the Child Support Agency. These include deduction from earnings orders, liability orders, bailiffs, third party debt orders, charges on property, orders for sale of property, driving licence disqualification and imprisonment.

On top of the Child Support Agency's current powers, the Commission will have additional sanctions enabling it to ensure that parents fulfil their financial responsibilities. New measures include:

  • the removal of the need to apply to the court for a Liability Order;
  • deduction of maintenance payments and/or arrears from bank accounts, without the need to apply through the courts;
  • applying to the court for disqualification from holding or obtaining a passport;
  • applying to the court for a curfew;
  • the recovery of arrears from deceased persons’ estates.

With the introduction of administrative liability orders removing the requirement to use the courts, the Commission will be able to increase significantly the speed and volume of enforcement action it takes against non-compliant parents and debtors.

The Commission will be able to use its new powers in relation to debt accrued under both the existing schemes, as well as the future 'gross income' scheme, which will be established from 2011.

As part of the future 'gross income' scheme, the Commission will also have new arrangements with other Government bodies, such as Her Majesty's Revenue and Customs, in order to establish parents' income on the basis of the latest available tax year information. The calculation will be fixed for a year unless income varies by more than 25%.

The Commission will continue to pursue child maintenance debtors. It will build on the Child Support Agency's activity and will use all of the powers at its disposal against those who try to evade payment. This will include using credit reference agencies, bailiffs and debt collectors, to get more money for more children.