The Child Maintenance and Enforcement Commission (CMEC), which replaced the Child Support Agency (CSA), has powers to prevent or reverse the sale and transfer of assets by parents trying to avoid child maintenance payments.
A father, who had paid no child maintenance to his former partner of 12 years and owed £78,000 in child maintenance arrears, was prevented from selling a house. CMEC applied for a freezing order for the four bedroomed house which was advertised as having extensive improvements, including a luxury fitted kitchen and home cinema, with no chain for a quick sale. CMEC were concerned that the proceeds from the sale of the house would be hidden or transferred into a partner’s or relative’s name to further avoid paying child maintenance. The Court imposed the order preventing the sale.
These new powers available to CMEC are designed to help prevent parents attempt to avoid paying child maintenance by putting valuable assets into a partner’s or another relative’s name or making a quick sale to avoid CMEC taking possession of them. Transfers of ownership for property can be reversed if it can be shown the transfer was in order to avoid child maintenance payments.
CMEC currently has started Order for Sale proceedings against almost 500 properties and has recovered over £2 million in arrears so far. CMEC also have powers to make Lump Sum Deduction Orders against bank accounts and so far over 400 orders have been imposed. Gingerbread, the organisation for single parents, reports that £58 million in child maintenance payments is owed by parents in Leicestershire. Nationwide, that figure rises to £3671 million in unpaid child maintenance.
If you have a query relating to child maintenance or contact, please contact James Haworth on 0116 212 1080 or Janet Hopkins or Alistair Dobson on 01858 445480 now or complete one of the on-line forms. James is a member of the Leicestershire Regional Committee for Resolution, an association of legal professionals working to reduce conflict in separation and divorce.
