Q&As

In a claim against an estate for monies owed under a child maintenance order representing unpaid maintenance payments going back more than six years, do the usual limitation periods apply or does the CSA or child maintenance service have any regulations relevant to this scenario?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 25 October 2017
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This Q&A considers whether there is a limitation period that applies for the collection and enforcement of arrears of Child maintenance. It specifically looks at arrears accrued under an arrangement with the child support agency (CSA) or child maintenance service (CMS), but also touches on arrears pursuant to an order under the Matrimonial Causes Act 1973 (MCA 1973).

There are two means of enforcement under the Child Support Act 1991 (CSA 1991), either administrative orders such as deduction from earnings orders or lump sum deduction orders, or enforcement following a liability order. CSA 1991, s 33 provides for ‘liability orders’ which are granted by the CMS if a person falls into arrears in making their payments and a deduction from earnings order is inappropriate or has been made but has proved

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Claim definition
What does Claim mean?

The formal assertion of a cause of action by one person (the claimant) against another (the defendant).

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