Does a Parent Have to Pay Child Maintenance?

Does a parent have to pay child maintenance? Insights from Secretary of State v LR [2025]

To answer this question, FLiP Director Elizabeth Hicks highlights the recent case of Secretary of State for Work and Pensions v LR & Another [2025] (“Sec of State -v- LR”). This new case is a stark warning for those who may try to avoid the reaches of the Child Maintenance Service.

What Is the Child Maintenance Service (CMS)?

The CMS, previously known as the Child Support Agency (“CSA”), is the government body that handles child maintenance payments. If separated parents have a child who is under 16, or over 16 but under 20 and still in education, and they have not been able to agree on child maintenance, help is available. The person with day-to-day care of the child — who is also entitled to claim child benefit — can apply to the Child Maintenance Service (CMS). The CMS will then determine the correct level of child maintenance.

Background to the Case: Secretary of State v LR

While the facts of Sec of State -v- LR may be somewhat unusual, what the court ordered could apply to anyone with a child maintenance assessment against them. LR is the father of twins conceived through assisted reproduction using his sperm and was in a same sex relationship with PT. The twins lived with their mother, who applied to the CMS and obtained a child maintenance assessment against LR. LR refused to pay. The CMS wrote to him warning that they were intending to apply for a liability order for the arrears of child maintenance, which would allow them to put a charge on any land or property he owned and then for it to be sold. After receiving the letter, LR transferred a property he owned to his partner PT.

The Court’s Decision: Cancelling the Transfer of a Property

The CMS applied to court to set aside the transfer of the property and for an injunction preventing either PT or LR from dealing with the property. As the Judge was satisfied that LR had transferred the property to avoid paying the arrears of child maintenance, the CMS’s application was granted. The property transfer was reversed and an Order was made to prevent either LR or PT from dealing with the property until the outstanding arrears of child maintenance had been paid.

What Powers does the CMS have to Collect Arrears?



While for some years the CMS has been able to enforce arrears of maintenance directly from a bank account (which is fairly commonplace), it is worth remembering that their powers go much further than this. The CMS can apply for a liability order from the Court (which confirms the amount of the debt) and use bailiffs to seize and sell assets, seize a passport or driving licence and even look at charging a property and, as this case shows, set aside a transfer of a property.

What does this Mean for Parents?

Every parent has a legal responsibility to maintain their child and if you do not have day to day care of your child you will be expected to pay child maintenance.
This case shows that the court will take whatever steps are necessary to ensure that child maintenance is paid.