Enforcement : Liability Orders
Child Support debt is often caused through delay rather than non compliance, but arrears remain payable irrespective of how they accrued. There are various measures which can be used to recover child support debt, including a liability order, charging orders and even forced sale of a property, so it is vital that any alleged child support debt is verified. To discuss child support debt with our specialist team, take advantage of our one month subscription service.
For any court based enforcement to take place, a Liability Order must be granted by the courts. An application will be made to notify the court and notification of the court hearing must be issued to the Paying Parent or NRP. You should attend the hearing if you have reason to believe the debt is not correct, however, do note that the court is not empowered to question the decisions made which consequently created the arrears. If the court is satisfied a debt is due, it is quite likely they will grant the Liability Order.
A Liability Order legalises the debt for enforcement action to be taken. If you later prove the debt is not correct, the amount to be enforced will change, but the validity of the Liability Order is not affected.
If you dispute the debt, there is a process that needs to be followed and you have limited time to do this. It is important to resolve the issue and not assume that they will leave you alone.
A Liability Order cannot now be granted for any debt that was notified before 12th July 2000. Debt that was notified after that date can be included within a Liability Order application.
Once a Liability Order has been granted, the CSA/CMS can proceed with measures to recover the debt.
If CMS apply for a Liability Order, there will be a charge to the Paying Parent, currently £300.
We offer additional support packages to assist with the verification of any alleged debt.