CSA Arrears Calculator

Child maintenance arrears cannot be discharged or wiped out through personal bankruptcy or Individual Voluntary Arrangements (IVAs). Under the Child Support Act 1991, child maintenance constitutes a statutory debt that remains fully enforceable until cleared or written off under strict statutory criteria.

If an agreement to clear arrears is not reached, the CMS Financial Investigations Unit (FIU) can deploy administrative enforcement mechanisms without seeking a court order:

• Lump Sum Deduction Orders (LSDO): The CMS can freeze funds in the paying parent's bank or building society accounts and order the bank to transfer the funds directly to clear arrears.
• Regular Deduction Orders (RDO): Compulsory monthly deductions instructed directly from bank accounts if the payer is self-employed and cannot be served with a payroll DEO.

If administrative deductions fail, the CMS applies to the Magistrates' Court for a Liability Order. At this hearing, the court does not reconsider whether the maintenance assessment was fair; it simply verifies whether the debt is legally due and unpaid.

Once a Liability Order is granted, the CMS can instruct High Court enforcement officers (bailiffs) to seize goods, place a Charging Order over property to force a sale, or intercept dividends and rental proceeds via Third Party Debt Orders.

Paying parents struggling with large arrears balances can negotiate an Arrears Agreement with the CMS casework team. As a general rule, the CMS expects arrears to be cleared within 1 to 2 years, with the monthly repayment amount capped at no more than 40% of net take-home earnings (the protected earnings limit).