What Can You Do When Child Maintenance Payments Stop?

Why does non-payment matter to the court?

Under Section 92 of the Law Reform (Marriage and Divorce) Act 1976, every parent has a duty to support their children. Section 93 lets the court order a parent to pay.

Once there is an order, missing payments is a breach of a court order, not just an unpaid debt. That opens up enforcement steps you could not use for an ordinary debt.

Can your ex be sent to prison for not paying?

It is possible. If a parent deliberately refuses to obey the order, you can ask the court to commit them for contempt of court. Committal means they can be jailed.

The court will first want to see that the order was properly served, and that the parent can pay but chose not to. It usually gives them a last chance to pay before sending them to prison.

The risk of prison alone often pushes a parent to clear the arrears (the unpaid amount built up so far).

Can the money come straight from their salary?

Yes, through an attachment of earnings order. It tells your ex’s employer to deduct the maintenance from their salary and pay it to you before your ex gets paid.

Your ex no longer has to choose to pay. The employer must follow the order, so payments arrive regularly.

You need to know where your ex works. Your lawyer files the application and the court notifies the employer.

Can you seize their assets?

Yes. With a writ of seizure and sale, a court bailiff can take your ex’s movable property, such as a car, and sell it to pay what is owed.

You can also register the judgment debt against their property. They then cannot sell or transfer it without first clearing the arrears. This helps when a large sum is owed.

A garnishee order tells your ex’s bank to pay the arrears out of their account. It works if you know which bank they use.

What records should you keep?

Keep a list of every missed payment:

• the date it was due
• the amount
• any part payment you received

Keep a copy of the court order and every message with your ex about payment. Promises to pay or excuses for not paying help show the court whether the non-payment is deliberate.

If you can, note where your ex works, what they earn and what they own. This helps your lawyer pick the right enforcement method.

Why act now?

Arrears build up fast. Amounts more than three years old cannot be recovered, so waiting can cost your children money.

Looking to engage a divorce lawyer? If you are unsure which enforcement step suits your situation, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.