Enforcing maintenance orders — attachment of earnings and more

REVIEWED BY: Sean McNamara on 2026-08-28

When a maintenance order isn't paid

A periodical payments (spousal maintenance) order that the payer ignores needs enforcement. Match the method to what the payer has — see the table below. (Child maintenance via the CMS has its own separate enforcement — see our CMS guide.)

| Payer's situation | Enforcement method | |---|---| | Employed with regular wages | Attachment of earnings (court orders employer to deduct) | | Owns a house/land | Charging order (secured against title; then order for sale) | | Money in a bank/third party | Third-party debt order (freeze + redirect) | | Goods/business saleable | Warrant/writ of control (bailiff enforcement) | | Substantial unpaid, complex | Bankruptcy (as a lever) | | Wilful breach of a "penal notice" order | Committal (contempt — see our penal notices deep-dive) |

The enforcement application

1. Check the order — does it carry a penal notice? (needed for committal) 2. Assess the payer's assets — a short "enforcement questionnaire" or your knowledge of their job/home/bank 3. File the correct application for your chosen method (usually a Form or a simple application notice, depending on method and court tier) 4. Fees apply per method — check help with fees (EX160) eligibility (see our HMCTS fees page) 5. Attend the enforcement hearing with the evidence of the arrears (accounts of missed payments)

Practical tips

Get the arrears figure in writing — a schedule of missed payments with dates is your core evidence
Handle it once, not repeatedly: choose the method that matches their main asset
Keep the payer in employment — an attachment of earnings needs a job; don't encourage a scheme that ends their income
Interest/costs: you can usually claim the enforcement costs and 8% interest on arrears from the date each fell due
Enforce promptly — delay invites a variation application reducing the arrears
For child maintenance: the CMS enforces its own assessments (deduction-from-earnings, charging orders, disqualification) — you don't litigate it in the family court

Committal — last resort

Breaching a maintenance periodical payments order with a penal notice can be contempt — but courts are reluctant to imprison for a money debt and prefer the commercial methods above. Pursue committal only for wilful, serious non-payment after other routes fail (see our penal notices deep-dive).

Official links

Enforcing a money judgment/order: https://www.gov.uk/make-court-claim-for-money
Child maintenance enforcement (CMS): https://www.gov.uk/child-maintenance

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

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.