Child Maintenance Service given new powers to collect money from abusive ex-partners
Joanna Lovell
Associate EditorThe new measures will prevent domestic violence survivors having direct contact with abusers
The Child Maintenance Service (CMS) has been given new powers to protect victims of domestic violence from having to have contact with an abusive ex-partner.
A government-backed Bill ensuring victims of domestic abuse can receive financial support for their children without contact from their abuser was approved by Parliament on Friday 16 June.
The Department for Work and Pensions (DWP) says under the new laws, the Child Maintenance Service (CMS) will be able to collect and make payments on a parent's behalf, using the Collect and Pay scheme, without the consent of an abusive ex-partner.
The DWP said: 'This will prevent perpetrators from using child maintenance as a form of ongoing financial abuse and control and mean survivors will not have to have contact with their ex-partner if there is evidence of domestic violence.'
'New powers to bring abusers to justice'
The new law will allow the Child Maintenance Service (CMS) to intervene on behalf of parents where abuse is evident, using its powers to collect and make payments.
This set-up, called Collect and Pay, is already used by 37% of parents using the CMS.
It provides extra protections for parents who have experienced domestic abuse by avoiding the need for contact and preventing perpetrators from inflicting financial abuse and control.
'Supporting survivors to make a maintenance claim safely'
Work and Pensions Minister Viscount Younger of Leckie said: 'Domestic abuse and coercive control are abhorrent crimes.
'This positive change will enhance our existing support for domestic abuse victims and ensure they can make a child maintenance claim without the fear of having to deal with an abusive ex-partner.'
The Child Support Collection (Domestic Abuse) Bill will gain Royal Assent in the coming weeks after successfully passing both Houses of Parliament.
It will build on the CMS’s existing procedures to protect both paying and receiving parents who are vulnerable to domestic abuse, ensuring more children in separated families are supported.
The Private Members’ Bill was taken through Parliament by Sally-Ann Hart MP and Lord Farmer, with support from the Government.
'Extra layer of protection is important'
The change comes following recommendations by a leading expert on domestic abuse, Dr Samantha Callan, who led an independent review into the CMS’s support for victims.
Dr Samantha Callan said: 'I am heartened that the Government have so quickly legislated to strengthen support for parents experiencing domestic abuse following my Review.
'This extra layer of protection for both parents and children was an important one of my recommendations to build on the CMS’s substantial reform in this area.'
Another government-backed Bill – the Child Support (Enforcement) Bill – which is soon also to become law, will simplify the court process of recouping child maintenance arrears, while continuing to protect paying parents’ appeal rights.
This change in the Bill will make it easier and quicker for the CMS to take enforcement action and recoup money owed to families.
How will the new law work?
Currently, there are 2 pay arrangement options.
Direct Pay is where the CMS works out the calculation and parents manage their case themselves, with the non-resident parent voluntarily paying the resident parent this calculated amount, direct from their bank account to the resident parent's bank account.
There's also Collect and Pay, where the CMS collects payments from a paying parent and passes it onto the receiving parent for a fee.
Currently, the CMS only allows the Collect and Pay scheme to be used after the paying parent consistently fails to pay. However, under the new laws, victims of domestic violence will be able to use the Collect and Pay system without evidence of missed payments.
The DWP says work will also be undertaken to look at ways in which survivors could be exempted from charges in Collect and Pay arrangements.
Which parents will be able to use these new laws?
The DWP says evidence of domestic violence will need to be submitted, for domestic abuse survivors to bypass their ex-partner. The DWP told Netmums the exact criteria for that evidence will be set out in regulations to come at a later date.
The DWP also said there is no firm date as yet as to when these laws will come into force.
The Get Help Arranging Child Maintenance website contains advice and information on staying safe and signposting information to specialist support organisations.
- Do you use the CMS? Does it work for you? Have your say in our forum below, or email joanna.lovell@netmums.com with your story.
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