1. Dawson Cornwell Solicitors 15 Red Lion Square, London, WC1R 4QT +44 (0)20 7242 2556 Website: www.dawsoncornwell.comwww.dawsoncornwell.com Email: ld@dawsoncornwell.com@dawsoncornwell.com Child Maintenance Enforcement and Collection in England and Wales Lisette Dupré Solicitor at Dawson Cornwell

2. 1. The Child Maintenance Service 2. The Court 3. Enforcing child maintenance orders/assessments abroad and incoming foreign child maintenance orders/assessments Child Maintenance Enforcement and Collection in England and Wales

3. The Child Maintenance Service (previously the Child Support Agency) The Child Support Act 1991 gave jurisdiction to the Child Support Agency (“CSA”) to trace, assess, collect and enforce child maintenance. Child Support, Pensions and Social Security Act 2000 introduced a new formula. Child Maintenance and Other Payments Act 2008 created the Child Maintenance Service and introduced another new formula.

4. Paying parent (“PP”) v Receiving parents (“RP”)  Which parent has more overnight stays?  If equal, there won’t be a PP and RP Income  PP’s gross income based on previous years’ income declared to Her Majesties Revenue and Customs (“HMRC”).  The first £156,000 per annum/ £3,000 per week of income considered only.  Deduct pension contributions, school fees etc.  If income of PP is less than £10,400 per annum /£200 per week special rules apply. Step 1: Deduction for children living with PP 1 child 2 children 3 or more children 11% of gross income 14% 16% Step 2: Levy for relevant children: 1 child 2 children 3 or more children First £800pw of gross income 12% 16% 19% Gross income above £800pw 9% 12% 15% Divide the amount payable between the relevant children Reduce for the number of overnights stays the relevant child spends with the PP The 2008 CMS scheme

5. Deduction of Earnings Orders (an order that the Paying Parent’s (“PP”) employer pay some of the PP’s earnings to the CMS) Bailiffs Charging Orders (a means of securing a debt. Only when the property is sole will the debt be paid in full or part depending on the value of the property and any other charges there maybe) 3 rd party debt order (an order by which a third party who owes money to the PP is ordered to pay that money to the CMS in part or full satisfaction of the maintenance arrears. Most frequently used against bank accounts) Driving licence removal Passport removal Curfew Prison Freezing orders Deduction from accounts Lump sum deductions Administrative passport removal (not yet in force) Administrative disqualification from driving/ travel (not yet in force) CMS - Enforcement

6. The Law 1. The Matrimonial Causes Act 1973/Civil Partnership Act 2004 (for married or parents in a civil partnership) 2. The Children Act 1989 (for unmarried parents or those not in a civil partnership) Child Maintenance Orders 1. Periodical payments (secured or unsecured) 2. Lump sum (secured or unsecured) 3. School fees The Court

7. Attachment of Earnings orders Execution of documents (whereby the court execute documents as if they were the debtor effecting for example, the transfer of property or surrender of a life policy) Charging orders 3 rd Party debt orders Warrant of possession/ control (seizing the debtors belongings for sale) Bankruptcy Petition The Court - Enforcement

8. Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement and cooperation in matters relating to maintenance obligations (“The EU Maintenance Regulation”) Convention on the International Recovery of Child Support and other Forms of Family Maintenance (Concluded 23 November 2007) (“The 2007 Hague Convention”) Enforcement abroad

9. Thank you for listening Lisette Dupré Dawson Cornwell Solicitors 15 Red Lion Square, London, WC1R 4QT +44 (0)20 7242 2556 Website: www.dawsoncornwell.comwww.dawsoncornwell.com Email: ld@dawsoncornwell.com@dawsoncornwell.com