CMS have the power to remove funds from your bank/building society account. This can be a regular deduction, taking a sum of money each week/month, or it can be a lump sum order to remove a larger amount in one payment.
These orders can be made without an application to court. Appealing a Deduction Order is possible but only under limited circumstances - and costs may run into thousands of pounds if your application is deemed invalid. It is vital that you seek advice before submitting an appeal against a Deduction Order.
Key Facts :
- Deduction Orders can be imposed against joint accounts as well as sole named accounts, and certain types of business accounts.
- Deduction Orders should be used only when the NRP has demonstrated a failure to pay maintenance by any other method.
- The intention is to use regular Deduction Orders against bank accounts, and lump sum Deduction Orders against building society/savings accounts.
- The Paying Parent/NRP may request a review of the order if their circumstances change. There is no obligation for the order to be reviewed.
- Deduction Orders are regularly imposed where a Deduction from Earnings Order is not appropriate.