AVOIDING CHILD SUPPORT MAY ALL END IN TEARS.

21/07/2010

Divorced parents attempting to sell-off assets in order to avoid paying their fair share of child maintenance may be in for a nasty shock if they get caught out, warns Paul Cobb, a specialist in family Law at Nottingham-based Rothera Dowson Solicitors.

Recent amendments to the Child Support Act mean that the courts are able to return sold assets to the indebted parent’s possession for seizure, and issue lump Sum Deduction Orders to acquire any money held in banks.

Paul Cobb commented: “Parents will no longer be able to avoid payments through hiding assets or making quick sales. My advice to parents is to remember that child maintenance amounts can be legally negotiated, so adhering to payments not only means avoiding criminal proceedings, but also places parents in a stronger position with regard to negotiations.”

As part of the new regulations, a father was recently prevented from selling his holiday home, after running up over £78,000 of child maintenance arrears in a period of more than ten years.

Legal ownership of property has often been transferred into the names of relatives by many parents wishing to avoid court seizure, but these transactions may also be reversed under the new legislation.

The Child Maintenance and Enforcement Commission (CMEC) has claimed that the Order for Sale procedure has proved successful, with less than 3% of all orders resulting in seizure and £2m being raised from debtors.

For advice and information on Family Law, please contact the team at Rothera Dowson on 0800 124 4012.