The Law: Section 35 of the Child Support Act 1991
Enforcement using bailiffs is a power conferred under a "liability order".
If you were completely unaware that you had a liability order made against you until you received a visit or a document from a bailiff company, then you can revoke the enforcement power conferred, and all the bailiff's fees, by making a statutory declaration and laying it at court.
Make a statutory declaration and give it to a Clerk to the Justices at the Magistrates' Court that issued the liability order.
The following template can be completed with your name, address, and date of the bailiff document. It must then be sworn before a solicitor. You should make copies and give the original into court. Send copies to the bailiff company by email.
Note: Some court staff may not be familiar with this procedure and may try to obstruct you giving the sworn declaration into court. They are not qualified to give legal advice.
A Clerk to the Justices is legally qualified, but if one becomes uncooperative, write down their name and leave the court building immediately. Contact me and I will pass it to a solicitor to represent you at court and apply for costs. HM Court Service pays the bill as they are in error.
This only stops the enforcement power, not the child maintenance itself. It does not prevent the CMS from applying for a new liability order. However, it gives you more time to sort things out with the CSA in the meantime.
If the Non-Resident Parent does not pay the enforcement fees, then they are deducted from the amount shown on the Liability Order before being paid to the Resident Parent (RP).
Enforcement contractors have 90 days to execute liability orders before handing them back to the CMS.
The CMS only uses bailiffs as a last resort. By the time you receive bailiff enforcement, all of the following must be true:
The CMS sends bailiffs to what they believe is your current address. If you no longer live there or do not have sufficient funds or assets, the bailiff will return the case back to the CMS unpaid in 90 days under the terms of their contract.
If the liability amount is wrong, then get your case reviewed by an expert. There are strict time limits for appealing a CMS decision. However, there are no time limits for correcting a CMS clerical (administration) error. It may be beneficial to postpone correcting clerical errors until the children have come of age or the CMS revives the liability.
If you still have arrears accruing, then you must stop them now. Sign on for Jobseeker’s Allowance and notify the CMS in writing of your change of circumstances through the online portal. Make screenshots before and after submitting it.
Collate your CMS paperwork together and speak to an expert at NACSA. Say why you think the assessment is wrong and ask how it can be put right. For a small fee, they can prepare your case to be reviewed by the Independent Case Examiner, who can order the CMS to comply with regulations and, if necessary, order compensation and refund of overpaid maintenance.
While your case is being reviewed, the CMS should desist enforcement action.
If you are unsuccessful in getting your assessment corrected, then the debt dies under Section 9 of the Limitation Act 1980. CMS debts are "statutory" debts, created by legislation.
If you leave the UK, the debt can still follow you if your new country of residence cooperates with the REMO Unit. However, you can challenge the liability again if a REMO claim is made. Many Roman Catholic countries (e.g., the EU and South America) dismiss REMO applications if you have been excluded from your children, or the children's mother deliberately availed herself of state support.
If you move to a country where Muslim (Sharia) law is the principle legal system and you have no UK employer or assets, then it is not possible to claim child maintenance. The debt dies.