When maintenance is unpaid, the starting point is a clear order and a reliable record of the shortfall. Enforcement may be available, but imprisonment is not an automatic debt-collection tool. The appropriate route depends on the order, the facts, the available evidence and whether the non-payment reflects inability or deliberate non-compliance.
Hugh Raichlin Attorneys assists clients with maintenance and family-law disputes. A concise arrears schedule is usually more useful at the first discussion than a long exchange of threats. It helps separate what was ordered, what fell due, what was paid and what remains disputed.
Build an arrears schedule that can be checked
- Start with the complete signed court order and any later variation.
- List each payment obligation, its due date and any applicable escalation.
- Record payments received with bank references and supporting statements.
- Separate ordinary monthly maintenance from additional school, medical or other expenses.
- Attach the documents required by the order for reimbursement claims.
- Calculate the balance and identify any disputed item rather than silently treating it as agreed.
Different enforcement routes do different work
The Maintenance Act provides mechanisms that can include execution against property and attachment of earnings or debts, subject to the requirements of the chosen process. Non-compliance can also have criminal consequences in appropriate circumstances. Advice should identify the most suitable mechanism instead of starting with the harshest-sounding demand.
Contempt proceedings are a distinct route. Where punitive consequences are sought, knowledge of the order, non-compliance, wilfulness and bad faith raise important evidential and procedural questions. A genuine inability to comply cannot simply be dismissed because the recipient needs the money.
An order is not changed by a private decision to pay less
A payer whose circumstances change should obtain advice promptly about an appropriate variation application. A recipient should not assume that every assertion of reduced income has legally changed the amount due. The existing order and any later court decision need to be examined.
Keep records of income changes, medical issues, employment events and correspondence. Those facts may affect a variation or enforcement dispute, but unilateral deductions can make the problem worse.
Keep child contact out of the collection dispute
Do not use access to the child as leverage for payment, or withhold maintenance because of a contact disagreement. The child’s interests and each party’s obligations require their own lawful route. Tell the attorney about both issues so that they can be addressed without conflating them.
Where a conversation is unsafe or coercive, use the appropriate professional or court process rather than arranging a confrontational meeting. The firm’s WhatsApp AI can receive an enquiry, but it is not an emergency or enforcement service.
What to provide for legal advice
- The order, divorce settlement and any variation papers.
- The arrears schedule and matching statements.
- Invoices and proof of required notices for additional expenses.
- Known employment or asset information obtained lawfully.
- Relevant correspondence and any existing enforcement proceedings.
- Upcoming dates, including a hearing or a deadline for responding.
Questions clients ask
Will the court send the payer to prison?
That is not an automatic result of arrears. The legal route, evidence and requirements for any criminal or contempt sanction must be established.
Can I add every expense I incurred for the child?
Check what the order requires, including consent, reasonableness, proof and notice provisions. An expense is not necessarily recoverable simply because it was incurred.
What if the payer genuinely lost a job?
That may be relevant to means, variation and the explanation for non-payment. It does not justify ignoring the situation; both parties should obtain advice on the existing order and next step.
Move from accusation to an enforceable record
HRA can assess the order, the evidence and the available enforcement or variation route. The initial telephone discussion determines whether the firm can assist; a paid consultation is arranged where appropriate. Bring the calculation and supporting documents so that the discussion can focus on the actual dispute.
Review parenting and contact arrangements
General information only. Existing orders, procedure and the evidence determine the remedies available.