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, including relevant case law
  • act reasonably and without bias

👉 This means enforcement decisions must be based on a proper assessment of the facts and law, not simply triggered by an outstanding balance.


Pre-Enforcement Requirements (DMG Volume 6)

Before enforcement action is taken, the guidance requires a number of pre-enforcement checks.

These include confirming that:

  • the case is fully up to date
  • all queries raised have been addressed
  • direct payments have been considered
  • outstanding issues have been resolved
  • the debt balance is accurate

👉 Crucially, the guidance asks:

“Is the case fully up to date and have all queries from the NRP been dealt with?”


⚠️ Why This Matters

These requirements indicate that enforcement should only proceed where:

✔ the position is clear
✔ the debt is accurate
✔ disputes have been addressed


Case Law Considerations

Relevant case law has indicated that where liability is actively disputed, enforcement action should not proceed without proper consideration of that dispute.

👉 This reinforces the principle that enforcement should follow resolution of the underlying issue, not precede it.


The Practical Issue

Despite the framework described above, concerns arise in practice.

In some cases:

  • enforcement action continues while disputes are ongoing
  • arrears are challenged but not resolved before enforcement
  • individuals face financial pressure during the dispute process


👉 This creates a key tension:

ENFORCEMENT VS DISPUTE RESOLUTION

  • Enforcement can move forward
  • Dispute resolution sits behind procedural steps


What the Guidance Suggests

When Volume 6 and Volume 7 are read together, a clear principle emerges:

👉 Enforcement should only take place after:

  • evidence has been properly considered
  • disputes have been addressed
  • relevant law and case law have been applied


A Question of Consistency

This leads to an important question:

If enforcement proceeds while disputes remain unresolved, is the decision-making framework being fully applied in practice?


Conclusion

So — should CMS enforcement be paused when arrears are disputed?

👉 The guidance and decision-making framework suggest that:

  • enforcement should follow proper consideration of disputes
  • decisions must be based on evidence and law
  • cases should be fully up to date before action is taken


👉 However, the practical experience reported in some cases raises questions about whether this framework is consistently applied.


Final Thought

The issue is not whether enforcement powers exist —
but whether they are exercised in accordance with the safeguards that are intended to govern them.



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