- New Enquiries
Child Support (Enforcement) Act 2023 and The Child Support Collection (Domestic Abuse) Act 2023
What is this new law?
The Child Support (Enforcement) Bill was introduced by MP Siobhan Baillie and Baroness Redfern and received Royal Assent on 20th July 2023, meaning it is now law. This Act means that the Department for Work and Pensions (DWP) will now have powers to impose tougher sanctions on non-resident parents who do not comply with requirements to make Child Maintenance payments.
The Child Support (Enforcement) Act will mean that families receive money faster, as DWP will now have the power to make certain liability orders to reclaim unpaid child maintenance. Previously, they would need to apply to the Court for a liability order, which could mean delays of up to 20 weeks. The Child Maintenance Service (CMS) will now be able to act more promptly and ensure families receive funds quicker. This Act will simplify the court process of recouping child maintenance arrears, whilst continuing to retain paying parents’ appeal rights.
DWP Minister Viscount Younger of Leckie states that “this new law will help speed up the enforcement process to get money flowing which ultimately will be for the benefit of children”. This will provide more financial protection for children in separated families as already the CMS helps more than 900,000 children and families to receive financial support that they are entitled to. It was recorded that between March 2022-2023, the CMS collected a record £1.2 billion on behalf of families.
In addition to the advantages above, these new powers will further support victims of domestic abuse and stop economic abuse over child maintenance payments.
What recent changes have been made to protect victims of domestic abuse when claiming maintenance payments from their perpetrator?
Another law has recently been introduced, called the Child Support Collection (Domestic Abuse) Act 2023, which will enable the CMS to intervene in cases where there is abuse and use their powers to collect and make payments. This Act was passed through Parliament on 16th June 2023, and received support from all parties throughout its passing. This Bill was introduced to Parliament by Sally-Ann Hart MP and Lord Farmer, with support from the Government.
The implementation of this Act came following recommendations made by Dr Samantha Callan, who is a leading expert on domestic abuse and who lead an independent review in January 2023, into the CMS’s support for victims. This independent review is available to read here: https://www.gov.uk/government/news/child-maintenance-service-to-clamp-down-on-domestic-abuse.
Whilst there is already an existing set-up called ‘Collect and Pay’, which is used by 37% of those who use CMS, it offers additional protection to parents who have suffered from domestic abuse. This means that the CMS now have control over managing the payments and completely cutting out the need for contact, meaning that perpetrators are no longer able to inflict financial abuse and control.
How can we help?
Although Johnson Astills cannot directly intervene, or assist with child maintenance payments, we can offer you exceptional advice in relation to child arrangements, for example where parents are in dispute.
This is something both our Family Team and Domestic Violence and Abuse Department (DVAD) deal with regularly and, depending on your individual circumstances, there may be funding available for your matter. We would be happy to discuss funding options and assess your eligibility for legal aid. You can also visit the following page for information on fees for an initial appointment.
As well as advice in relation to child arrangements, we have an outstanding reputation for matters involving domestic abuse. If you or someone you know is being subjected to domestic abuse and would like some expert advice as to what protective measures are available, for both you and your children, please contact Johnson Astills on 0116 255 4855 or complete an online enquiry form.