Attachment of earnings and Deduction from Earnings Orders
REVIEWED BY: Sean McNamara on 2026-09-01
What this page covers
If a paying parent or ex-partner does not pay what a court or the Child Maintenance Service says they owe, money can be taken directly from their wages. There are two different systems — do not mix them up:
1. CMS Deduction from Earnings Orders (DEO) — used by the Child Maintenance Service when collecting child maintenance. 2. Court attachment of earnings orders — used to enforce a court order, such as a periodical payments (maintenance) order, by taking money from wages.
CMS Deduction from Earnings Orders
If the paying parent is an employee, the CMS can order their employer to deduct maintenance straight from pay and send it to the CMS. The employer must comply; deductions normally start within about 6 weeks of the order (the exact timeline is on gov.uk). Employers cannot lawfully sack someone simply because a DEO exists — that is a separate employment issue.
If the paying parent is self-employed, a DEO is not available; the CMS instead uses Deduction Orders against bank accounts, or refers the debt to enforcement agents (bailiffs).
Court attachment of earnings
For maintenance owed under a court order (for example periodical payments on divorce), an application can be made to the court for an attachment of earnings order. The court orders the employer to deduct a specified amount (or percentage) each pay day and pay it to the court, which passes it on. You need the other side's employer details — the court can order an employer to disclose whether someone works for them if you cannot find out.
Practical points
- This only works where there are wages. Redundancy, zero-hours gaps or casual work can interrupt it.
- Other CMS enforcement routes exist alongside or instead: deduction orders against bank accounts, lump sum deduction orders, removal of a driving licence or passport, and commitment to prison for wilful default — the CMS chooses which route fits.
- Keep a record of every missed payment; enforcement needs evidence of arrears.
Official links
- https://www.gov.uk/child-maintenance-if-parent-doesnt-pay
- https://www.gov.uk/attachment-of-earnings-orders (court route overview)
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS, gov.uk or the Child Maintenance Service.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.