Maintenance not paid: build a clear record of missed payments

1. Check the basis for payment

Find the court order, divorce agreement or separate arrangement. Read who receives the contribution, when it starts and how payment works. A missed agreed contribution creates practical difficulty, but the legal route depends partly on how the obligation has been recorded.

Do not rely solely on a screenshot of an amount where a court order or later agreement also exists. Collect complete documents and compare differing provisions. An adviser can assess which arrangement currently applies and whether an additional determination is required before enforcement.

2. Build a record for each period

For every month, record the amount due, payment received, payment date and difference. Attach bank statements or other evidence. The record need not be complex bookkeeping; it must allow another person to check the balance.

List cash payments, partial payments and special-expense arrangements separately. Identify missing evidence. Do not treat a birthday gift, sports purchase or debt between former partners as maintenance or an offset without legal review. These items may have a different legal meaning from the monthly contribution.

3. Check annual indexation too

Arrears can arise because the old amount continues to be paid. Find the original amount and relevant years, then check the applicable indexation calculation with the LBIO. Show the difference from indexation separately from wholly missed payments.

Do not apply an arbitrary year's percentage to the entire history. Keep the calculation and sources. If exclusion of indexation or a new basis under a later agreement is unclear, have it assessed before presenting the total as an established debt.

4. Communicate clearly and safely

If contact is safe and useful, send a brief factual question identifying the amount missing according to your record, the period and the explanation requested. Avoid extending it into every other dispute. Use an appropriate channel for confidential financial information.

Where there is threat, coercion or control, you do not need to arrange a confrontation alone first. Discuss safe action with support services and a lawyer. Access to money can be part of a broader unsafe situation requiring more than a payment reminder.

5. Prepare your question for the LBIO

The LBIO offers assistance with collecting maintenance. That does not mean every claim is accepted unconditionally. Check current requirements, documents and circumstances directly. Have the order and payment record available when contacting the organisation.

Ask which arrears can be handled, how to report payments during assessment and what you remain responsible for. Mention international aspects or a child reaching adulthood immediately so the appropriate route and applicant can be identified.

6. Hypothetical example: a partial payment and disputed clothing costs

Suppose a parent pays less because they bought clothing themselves. The other parent records the whole difference as arrears. A useful discussion needs the applicable maintenance arrangement, actual transfer and alleged agreement about clothing costs.

Your own arithmetic does not resolve whether offsetting is permitted. An expert can distinguish an undisputed shortfall from items requiring explanation or assessment. Separate entries are more useful than one unexplained total labelled everything still owed.

7. Arrears and variation remain separate questions

The payer may say they can no longer afford the contribution. That may justify assessing a variation but does not establish that a variation has already occurred. Discuss payment difficulties and future contributions separately, with appropriate documents for each.

A lawyer or other suitable adviser can explain further options if the present route does not help enough. Discuss costs and feasibility too. Do not make contact with the child conditional on payment: contact and financial obligations each require their own assessment and solution.

Practical checklist

• Collect the full payment basis and subsequent agreements.
• Prepare a monthly statement with bank receipt and remaining difference.
• Split indexing, missed payments and disputed settlements.
• Check the LBIO conditions at the source.
• Immediately report foreign aspects and the age of majority of the child.