New clampdown on parents who fail to pay child maintenance

The government has announced a clampdown on parents who refuse to take financial responsibility for their children and fail to make maintenance payments.

Ministers are consulting on proposed reforms of the Child Maintenance Service (CMS) to improve the system so more children get the financial support they are due.

The reforms include ending the option of direct payments between parents and channeling the money through the CMS instead, meaning if parents do not pay it will be detected and enforcement action can be taken sooner. 

The consultation also asks what further support the CMS can provide to help separated parents make family-based arrangements, which are agreed by parents, without state intervention, and how the CMS can better support victims and survivors of domestic abuse.

The proposals come on the back of new laws which will fast track enforcement powers on willfully non-paying parents including seizing cash and assets, forcing the sale of property and in the most serious cases, imprisonment – ensuring every child of separated parents is financially supported.

The proposals, put forward by the Department of Work and Pension’s, include:

• Stop the Direct Pay service and deal with all cases via Collect and Pay with CMS collecting and transferring all payments. This would allow the CMS to tackle non-compliance faster and, when necessary, take enforcement action more quickly. 
• Exploring the best way to support family-based arrangements with an enhanced calculation tool, along with signposting to conflict resolution support.
• Asking how the CMS can better support victims of domestic or economic abuse, building on recommendations from Dr Samantha Callan’s 2023 Independent Review of the Child Maintenance Service.

The proposals follow recent reforms to the liability order process, which will give the CMS more powers to recover money faster to crack down on parents who repeatedly fail to take financial responsibility for their children. 

The Government has also removed the £20 application fee to use the CMS, making all applications to the CMS free, to ensure no child misses out on vital support.

The consultation runs until 31 July.

Please contact us if you would like more information about child maintenance payments or any aspect of family law.