Help if you’re struggling to pay your child maintenance

First, talk to the other parent and try and reach a compromise.

This is the quickest and simplest way to reach an agreement. Good communication and empathy are important, as well as being honest about your financial situation.

It might be worth asking to reduce child maintenance payments for now. Then plan to return to the normal, higher amount when your income returns to normal.

If you can come to an arrangement, and your income has dropped by at least 25%, contact the Child Maintenance Service, to make them aware.

Consider asking the CMS to calculate what you should be paying if your income has fallen by 25% or more, or if you’ve been made redundant. The CMS charge a fee for this service, so it’s usually better to make an arrangement between you.

If your income hasn’t dropped by 25% you will have to carry on paying the full amount.

The CMS will make their assessment based on the paying parent’s gross annual income.

If you can pay, but refuse to, the CMS can enforce payments. These will be deducted directly from your earnings or bank account.

The consequences can be severe. If you miss payments, the CMS have the power to deduct arrears and ongoing payments straight from your earnings or bank account. They have a wide range of other powers and, as a last resort, you could face prison if you refuse to pay.

If you’re paying child maintenance in accordance with a court order that’s less than 12 months old, you will be in breach of the order if you stop paying.

If you stop paying without the agreement of your former partner and don’t apply for a variation, enforcement proceedings may be started.

• If payments are reduced or stopped (unless agreed between you), you will be in breach of the court order.
• If you genuinely can’t meet payments because your income has fallen, you can ask the court to reduce the amount of child maintenance you need to pay.

For more information about the enforcement action that might be taken on maintenance being owedOpens in a new window on Citizens Advice.

If you have missed more than one Child Maintenance payment or are juggling other debts, it’s important you pay them off in the right order as some are more urgent than others.

You can find out more information about:

• how debts are collected when you’re in arrearsOpens in a new window on StepChange 
• how to make a plan to pay your debtsOpens in a new window on Citizens Advice
• how you can reduce your outgoings and catch up with your paymentsOpens in a new window on StepChange. 

Having mental health issues might mean that you struggle to make the best money-based decisions for you, as well as act on them.

Remember, if you’re struggling financially and with your mental wellbeing, it’s worth getting in contact with your bank, building society, lender or whoever you owe money to, to discuss your options.

However, picking up the phone and talking about your problems is often easier said than done when you’re struggling with your mental health.

Most places that you owe money to have policies about supporting you if you’re vulnerable. But they can’t help you unless you ask.

For some general tips on how you can manage your mental health check out Rethink’s guide. It covers everything from setting a budget to getting help if you, or someone you care about, is having a mental health crisis.