Man receives freezing order for unpaid maintenance

13 July 2010



A man in north-west England is among the first to have been targeted by the Child Maintenance and Enforcement Commission after he was found to have paid nothing to his former partner. The individual - who has not been named for legal reasons - has been prevented from selling a property after he was found to owe more than £78,000 in maintenance costs. For nearly 12 years he has failed to make payments and has ignored calls and letters from the Child Support Agency.

Thus, his attempts to sell the house online have now been halted after the High Court provided an order to prevent the sale. The case illustrates new child maintenance legislation that has come into force, giving the courts powers to reverse property sales and other transfers of assets when there are unpaid maintenance arrears.

"When the child maintenance and other payments bill was before parliament we worked hard with MPs to ensure that the bill had powers to deal effectively with those who sought to evade their financial commitments to their children," explained James Pirrie, Chair of the Child Maintenance Committee of Resolution, the family lawyers’ association.

The legislation also affects those who try to transfer the ownership of property to their new partners, as the courts have the power to reverse such transactions. Dame Janet Paraskeva, Chair of the Child Maintenance Commission, emphasised that people can no longer look to make a quick sale of their assets in order to avoid being caught. "Step-by-step the Commission is closing the escape routes for parents who think they can cheat their children out of money from which they are entitled to benefit," she concluded.

Sue Andrews, partner in the family law practice group at B P Collins, commented "There was a view by certain fathers that they may be able to 'get away with not paying' if child maintenance was dealt with through the Commission (formerly the Child Support Agency). The Commission was however recently given various enforcement powers such as confiscation of passports, committal to prison, attachment of earning orders, seizure of goods or a charging order over land. It was felt by cynics that such steps would be rarely taken, however this decision should make it clear to even the most recalcitrant fathers that the Commission has teeth and that the financial support of their children is not optional."

If you would like to speak to one of B P Collins' experts in family law, please call 01753 279045, complete the online enquiry form or email familylaw@bpcollins.co.uk.

Posted by Sue Andrews

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