The Government is reforming the Child Maintenance Service (CMS) to crackdown on parents who fail to pay child maintenance and ensure that children get the support they deserve more quickly.
Currently, sanctions for those who continually avoid their financial obligations towards their children include the use of bailiffs, forcing the sale of property, disqualification from holding a driving licence or UK passport, and prison.
However, the current process is slow and requires an often-lengthy court process. This has a direct impact on families and prospects for children.
In October 2023 the Government consulted on options to increase the powers of the CMS to speed up the process of recovering money from parents who repeatedly fail to pay child maintenance.
The response to this consultation was published on Monday 12th February 2024 proposing the introduction of powers that allow the CMS to make Administrative Liability Orders against those who fail to take financial responsibility and fulfil their financial duties towards their children.
The CMS will give the paying parent a minimum seven-day (or 28 days if overseas) notice period prior to making an order to allow the paying parent time to contact the CMS and make payment or indicate that they wish to raise a dispute against the amount of arrears, before a liability order comes into force. The CMS will retain the flexibility to allow a longer notice period where needed. For example, where a paying parent is experiencing exceptional or severe financial difficulties.
These Orders speed up the enforcement process by removing the need for the CMS to apply to the court for a Liability Order. By securing payments sooner, this reduces arrears from increasing and reduces the delay to receiving parents.
The consultation response also confirms that protections for paying parents will include a right of appeal against an Administrative Liability Order within 21 days of the Order. Appeals will also be able to be made directly to the Court without the need for the agreement of the CMS. It should be noted that the jurisdiction of the Appeal Court will not include consideration of the CMS calculation on which the debt is based, as this can already be appealed to the first-tier tribunal.
This approach aims to strike a balance between giving a paying parent a reasonable window to appeal and the CMS moving swiftly to necessary enforcement measures.
Whilst this is yet to be law, legislation to implement these changes will be introduced as soon as parliamentary time allows.
Alongside these reforms the Government is also removing the £20 application fee for applications to the CMS, making all applications free from 26th February 2024, making the service more accessible to all families.
These reforms are part of the Government’s wider goal to improve and modernise the CMS. Other changes being made include improving online services to speed up deductions from earnings, working with HMCTS (HM Courts and Tribunals Service) to reduce timescales where enforcement is pursued through the courts, and reducing the time taken to move cases to bailiffs.
The Family team at Greene & Greene can advise in relation to all aspects of children issues, including issues in relation to the payment of child maintenance.
This is only intended to be a summary and not specific legal advice. If you would like further information or advice, please contact a member of our team.
