Posts

Has the Burden of Proof Been Reversed in CMS Cases? (Article 6 & Magna Carta Explained)

Image
  Short Answer In law, the burden of proof should remain with the party asserting a debt. However, in the Child Maintenance Service (CMS) system, the structure of decision-making and enforcement can create situations where individuals feel they must challenge or disprove arrears that have already been asserted. 👉 The issue is not whether the legal principle has changed, but whether it is always applied effectively in practice. The Magna Carta still has the force of law under the 1297 enactment here you see clause 29 which is now recognised in Article 6 ECHR and Article 6 of the Human Rights Act 1998 Magna Carta 1297 clause 29 is still on the statute books The principle of fair process has deep roots in English law. Magna Carta 1297, clause 29 provides: “No Freeman shall be taken or imprisoned… nor will we deny or delay right or justice.” This provision is often cited as an early expression of the principle that legal rights and obligations should be determined through a fa...
Post a Comment
Read more

Are CMS Liability Order Hearings Just a Rubber Stamp? (What the Evidence Shows)

Image
  Immediate Point If the Child Maintenance Service applies for a liability order, many people assume the court will examine whether the arrears are correct. 👉 In reality, the position is more limited. The court’s role is not to recalculate the amount owed. It is to consider whether the legal conditions for enforcement are met. What the Court Is (and Is Not) Deciding At a liability order hearing: the court considers whether payments are due and unpaid it checks that the correct process has been followed 👉 But it does not re-examine the underlying calculation This reflects the legal structure of the system: disputes about the amount are handled through the CMS and tribunal process the court deals with enforcement of that amount How Hearings Are Often Listed in Practice In practice, liability order hearings are often listed in large groups. It is not unusual for multiple cases to be listed in the same session, sometimes involving a significant number of ap...
Post a Comment
Read more

What Happens at a CMS Liability Order Hearing in the UK?

  If you fall into arrears with the Child Maintenance Service (CMS), the case can escalate to court. This usually takes the form of a liability order hearing . But many people ask: 👉 What actually happens at a CMS liability order hearing? 👉 Can the court check if the arrears are correct? Understanding this process is critical—because it highlights how enforcement and disputes operate separately within the system . What Is a CMS Liability Order? A liability order is a legal step that allows the CMS to: formally recognise a debt as payable pursue stronger enforcement action apply for measures such as: bailiffs charging orders further court-based enforcement Once granted, it significantly increases the CMS’s ability to recover arrears. What Happens at the Hearing? A liability order hearing usually takes place in the magistrates’ court . At the hearing: The CMS presents the amount it says is owed The court considers whether: the amount has been ca...
Post a Comment
Read more

Should CMS Enforcement Be Paused When Arrears Are Disputed? (UK Law & Guidance Explained)

  A key question many parents ask is: Should the Child Maintenance Service (CMS) continue enforcement when arrears are disputed? On the surface, the system suggests that enforcement can proceed where payments are unpaid. However, when the official guidance and case law are examined more closely, a more complex picture emerges. The Official Position The Child Maintenance Service has a range of enforcement powers where payments are considered due and unpaid. These include: Deduction from Earnings Orders (DEOs) Deduction from bank accounts Liability orders through the courts Further legal enforcement measures 👉 In practice, individuals are generally expected to continue making payments even if they dispute the amount owed . The Decision-Making Framework (DMG Volume 7) The Decision Makers’ Guidance makes clear that enforcement decisions are not automatic. Decision Makers must: gather all relevant information consider all available evidence apply the law, i...
Post a Comment
Read more

How to Challenge Child Maintenance Arrears in the UK (What Actually Happens in Practice)

  Introduction Many parents searching for how to challenge Child Maintenance Service arrears quickly discover that the process is not simply about proving whether arrears are correct, but about navigating a strict procedural framework within defined time limits. Many parents searching for help with Child Maintenance Service (CMS) arrears want to know: How do I challenge arrears if I believe they are wrong? On paper, the system provides clear routes to challenge decisions. In practice, however, those routes are highly procedural, time-sensitive, and not always straightforward to navigate . The Official Process (On Paper) The CMS framework provides three main stages for challenging decisions: 1. Revision (Mandatory Reconsideration stage) A decision can be revised if there are valid grounds This must usually be requested within 30 days 👉 As set out in official guidance: “An application for revision should usually be made within 30 days…” 2. Mandatory Reconsidera...
Post a Comment
Read more

Can the Child Maintenance Service Force You Onto Collect and Pay? (UK Explained)

  Introduction One of the most common questions people ask about the Child Maintenance Service (CMS) is: Can the CMS force you onto Collect and Pay? The short answer is: 👉 Yes — in certain circumstances, the CMS can move a case onto Collect and Pay. But the real issue is not just whether it can happen — 👉 it is how and why that decision is made in practice . Many parents ask whether the Child Maintenance Service can force them onto Collect and Pay. In practice, the CMS has the power to move cases from Direct Pay to Collect and Pay where payments are missed or enforcement is considered necessary. Was Collect and Pay a Target-Driven System? ⚙️ What Is Collect and Pay? The CMS operates two main payment methods: Direct Pay – payments are made directly between parents Collect and Pay – the CMS collects and transfers payments Collect and Pay also includes charges: 20% added to the paying parent 4% deducted from the receiving parent The official UK government...
Post a Comment
Read more