Child Support Collection (Domestic Abuse) Act 2023 gives CMS additional powers
Families are supposed to provide stability, safety and love. Families are the bedrock of our society and, to date, have proved to be the most effective way to raise and nurture children. For many, this is true. But sadly, it is not true for all.
When families become dysfunctional and parents divorce or separate, the issue of maintaining the children arises. Divorcing spouses don’t necessarily owe any duties to each other but parents always owe a continuing duty to maintain and pay for their children.
Child Maintenance Service
Child Maintenance Service, or CMS for short, is the successor to the Child Support Agency, or CSA. The CSA was established in 1993 as a result of the Child Support Act 1991. The purpose of the CSA was to provide a formal system for the establishment and maintenance of child support arrangements between separated parents without the need to involve the courts.
However, over the years, the CSA came in for criticism for, allegedly, delays and inefficiencies, which allowed a substantial backlog of cases to accumulate.
In 2012, the CSA was abolished and replaced by Child Maintenance Service. CMS works in much the same way the old CSA worked. It will only take action or intervene upon request, which usually comes if the parents are unable to come to an agreement on child maintenance privately or if the terms of a private agreement are not being followed. In the latter case, the CMS can work out how much has to be paid, collect the payments and even trace and track missing parents to enforce.
Abusive relationships
While there appears to be no criticism of the work that the CMS has been undertaking, there has been growing concern over the years about the incidence of abusive relationships. More particularly, cases where an abusive partner or spouse uses the threat of withholding or delaying child maintenance payments as a means of emotional and financial blackmail as well as a tool of control.
Similarly, the financial relationship that exists between the parties can often prevent someone In an abusive relationship from distancing themselves from the abusive spouse or partner. Following a tragic murder in 2021 and a review by the Department of Work and Pensions, the government decided to endow the CMS with additional powers to assist victims of domestic abuse.
The new powers of the CMS
Up until now, there have been two payment options available to the CMS. The first is known as ‘direct pay’ and describes a situation where the CMS calculates the amount that needs to be paid and then the non-resident parent pays it to the resident parent voluntarily. The second method is called ‘Collect and Pay’ whereby the CMS actually collects the payment from the non-resident parent and pays it to the resident one. However, hitherto, and crucially, Collect and Pay could only be invoked after repeated payment failures.
Now this is going to change. Any resident parent who reports that their former spouse or partner has been abusive will be able to take advantage of the Collect and Pay option without having to prove any missed payments. They will, however, have to submit evidence of the abusive behaviour of the former spouse or partner. However, the new CMS power means that a victim of domestic abuse will no longer need to have any contact at all with the abusive former spouse or partner.
Moreover, further legislation is, at the time of writing, soon to be passed by the government, which will simplify the court process in cases where maintenance is in arrears and needs to be recouped. The new law will make it quicker and easier for the CMS to take enforcement action to recoup money that has not been paid and is owed to separated families.
Getting help
For people who have been or are in abusive or coercive relationships, there are legal protections available regardless of whether or not children are involved. The Domestic Abuse Act 2021 contains a raft of measures designed to help people who feel that they are stuck in abusive or coercive relationships or suffering domestic violence. You need to seek advice and assistance from an experienced solicitor who is well-versed in the provisions of these new laws and can help you to break free from these relationships and continue to ensure provision for any children.
For further information and trusted legal advice regarding matters of family law, get in touch with our Resolution-accredited divorce lawyers in London at Carlsons Solicitors.