The man, who cannot be named for legal reasons, owes over £78,000 in unpaid maintenance. He has paid nothing to his former partner for almost twelve years while failing to respond to letters or phone calls from the Child Support Agency – now part of the Commission.
The Commission applied for a ‘freezing order’ after the man put his house on the market, raising fears he would try to put the proceeds beyond the Agency’s reach. The particulars of sale for the four-bedroom property boasted of numerous costly improvements, including a luxury fitted kitchen and home cinema. It noted there was "no chain" to hold up a quick sale.
In the first case to be brought under powers introduced by the latest child maintenance legislation, the High Court has now imposed an order preventing the sale. The reforms also allow the courts to reverse the sale or transfer of property by parents who have unpaid maintenance arrears. These ‘setting aside’ orders are designed to stop parents putting valuable assets in the names of new partners and relatives in order to evade both the CSA and their duty to provide for their children.
"This case sends a clear message to all parents who have run up substantial maintenance arrears," said Dame Janet Paraskeva, Chair of the Child Maintenance Commission. "Step-by-step the Commission is closing the escape routes for parents who think they can cheat their children out of money from which they are entitled to benefit. No longer can houses, cars and other valuable assets be sold off quickly to prevent the CSA taking possession of them. Those who cynically transfer the legal ownership of property into the names of their new partners risk having those transactions reversed."
Have your say on this story using the comment section below