If someone goes to prison for non payment of child maintenance, will they have a criminal record?

[Sexyshrek]

Or is it a civil matter? Ex dp is due in court again in October. The lady on the phone told me the judge will decide whether to remove his drivers license, passport, or impose a custodial sentence. As his drivers license and passport are not issued by the UK government, he will most likely be given a prison sentence. Does anyone know if this means he will have a criminal record or if it will affect his immigration status? He is currently here on temporary leave to remain.

Bump

That’s an interesting question if you failed to pay council tax or tv licence and were sent to prison you’d have a criminal record. I don’t know if child maintenance is the same. It should be, hate lazy parents who don’t pay or do their share.

I would put money on absolutely nothing being removed from him or and time in prison being given. Don't get your hopes up OP. The system is patriarchal and there to help the men. He will probably use his stress over the leave to remain as a reason for non payment. Expect nothing and you won't be disappointed. Also, if he were to be sent to prison, would the debt be wiped out?

Yes I agree. However, I'm in 2 minds about my situation as ex still has regular contact with the dc. Him going to prison or being unable to apply for indefinite leave to remain would massively affect dc. I'm not sure it's worth it for the piddly £23 a week he should be paying.

@bluedomino No, the debt won't get wiped out.

This is in the final stages now and they have told me its removal of passport or DL or prison. Possibly a suspended sentence if he bothers to turn up and make a case.

If he goes to prison he will have a criminal record, it doesn't matter what the crime is.

@FunLurker Thank you. I haven't been able to find anything online about this. I did a Google search and this thread came up!

This and for £23 per week and the impact on your child and their DF future earning potential and therefore the further impact on your child it wouldn't justify this for me.

He's made his own choice not to pay the "piddling amount" amd risk prison and losing his right to remain. It 100% is not OPs doing

Oh I agree, it's completely his own doing. But the ones that stand to lose out the most are me and the dc if he goes to prison or cannot remain in UK. He'll ride off into the sunset in his home country with a fresh stick to beat me with that 'I got him sent to prison'. He's a weapons grade narc so will never accept fault.

I have a very similar situation. my ex should be paying £16 a week via the 'Collect and Pay' Child Maintenance service. He is currently £453.60 in arrears and keeps hassling me saying we are 'co-parenting' to which I never respond to. It might seem like a small amount but when I'm literally scraping by it is a meaningful amount to me.

I put up with reply messages from his gf when he doesn't want to drop the kids back to me, rude messages and he doesn't even live with his gf. I rarely reply to these and carry on regardless, but the constant berating and requests for me to withdraw my CMS application continues, threats that he will get his 'barrister brother' involved, that going to court will be stressful. I have now been to court twice as a result of the debt he tried to straddle me with which I settled out of court for without his input since it was a case of coercive control. anyway, he too isn't a UK passport holder and my view is having read alot about the CMS is that .. they rarely take the passport, driving license or put anyone in prison or I have been reading all the wrong articles. It is, like you say, always at the cost of the child suffering, I have twins and as much as I hate my ex he has a history of crying to get his way, using aggression to get his way, and threatens me until he gets his way.

sorry that doesn't help much, I'm just saying I don't have much failth in the CMS. Right now I have no idea what they are doing in my case, because every time they contact my ex, my ex then calls me to threaten me with whatever comes into his head at that moment. it's not fun. I have written a few hard letters to CMS though of recent to which I have had no reply, I included copies of my ex's bank statement, details of his many CCJ's from a bought report, companies house information on the company that he runs and I have heard nothing for a month now.

A custodial sentence will 100% result in a criminal record

@AngelaKennedy I'm so sorry you're going through all of that, it sounds incredibly stressful 💐

My ex is also talented at crying to get his own way. Will make himself out to be the victim in very situation amd fully believes he is being persecuted by being made to pay for his own kids.

I think my case has escalated quickly because he has no job, no assets, not even a home as he's nfa. The debt is currently over 2k from when he was bouncing around different jobs and quitting as soon as the deduction of earnings was made. They can't find him or go after any earnings or assets so it's made its way to court quite quickly.

That’s his choice, not the OPs.

Speaking from a child’s point of view there’s a part of me that wished my mum had done this. It’s hard to go your whole childhood knowing your own parent won’t pay even the basic amount for you. Maybe being pulled up on it will make a positive difference in the future.

I am glad I found this post as I was looking for the answer to this question. It wouldn't suprise me if you could go to prison for non-payment and ot has no impact on a criminal record.

I have recieved nothing for 13 years. They have only managed to calculate payments for about 5 years of this. He currently owes roughly £30k.

He has been given a surrender date for court after failing to appear. He'll go and tell them he promises to pay now and get a suspended sentence and round the merry-go-round we'll go again.

I hate reading others are on a similar position. I do know when CMS are turning the thumb screws because he gets nasty with me. I have to be at peace with the fact I'll never see a pen̈ny of the money. However, I would say in the last year CMS have been actually doing something. They have updates when I call. I would say don't give up. I put in my diary to call once a month.

I also found this helpful page, where it states any prison sentences can't be filtered and have to be disclosed. Issue is with are dealong with people that dont give a fig about the rules and are accomplished liars.
unlock.org.uk/advice/what-will-be-filtered-by-dbs/

8k owed to me for daughter! I agree that CMS seem to be doing better this year, but I would really like them to take stronger action as there really is never much progress. I too have kind of accepted I'll never see that money. Daughter starts Uni next year...it would be helpful :(

Hi, my ex went to court and agreed to pay £20 and he never did. CSA told me there’s a warrant for his arrested and he’ll do 9 weeks in prison. That was 8 months ago because CSA haven’t had a warrant provider to make the arrest. I called a few week ago and they said they now have one so it won’t be long until he goes to prison. The debt doesn’t stop and it doesn’t get squashed. He lost his license previously due to drink driving and he’s not paid a penny since my son was born nearly 4 years ago. There’s a debt of about £7k at the minute. They’ve checked his bank accounts and know he has an income but still not paying. He’s self employed so no employer to take the morning directly from. And then if he continues not paying he’ll go prison every few years for 9 weeks

CSA advised me there’s a warrant for my exs arrest. Anyone else had this?

Hi @Prjp this what they told me about not having a warrant officer. However they now seem to have found one. He called my ex....first time he has ever answered the phone or made contact with CSA.
Apparently, if there is a warrant for arrest, if they get stopped my the police for anything they will be arrested then as it will come up. That os obviously unlikely.

My ex didn't turn up to court last time, which is why he now has to surrender to court on a specific day which I think is a bit more serious. Then it is likely they will set up a payment plan. The first time he doesn't pay they can arrest....assuming there is a warrant officer.

I think I said further up. I have given up hope of seeing that 30k but knowing they are applying pressure and not just doing absolutely nothing makes me feel a little better. What I could have e done to support my son who has SEN though, I try not to think about.

Hi any update of what the outcome of this was?

I would be interested too.

My update is that my ex went to court recently. A payment an was agreed and he made one payment of 35.99 and that was it. I am waiting to hear what happens next. Apparently it's back to court. Seems like a futile cycle of nothingness. So I have now had 24p a month for last 12 years.