New child maintenance powers to protect victims of domestic abuse

The Child Support Collection (Domestic Abuse) Bill received Royal Assent on 29 June 2023. Receiving Royal Assent means it is now a part of our law. You can access the Act here: Child Support Collection (Domestic Abuse) Act 2023 (legislation.gov.uk).

The law stipulates what the Child Maintenance Service (CMS) will be able to do on behalf of a parent. Child maintenance covers how your child’s/children’s living costs will be paid when a parent does not live with the child. Child maintenance is relevant when parents have separated or when parents have never in fact been in a relationship. It is important to note that both parents are responsible for providing for their children and paying the costs of raising the children. A child maintenance arrangement MUST be in place if your child is under 16, or 20 if they are in full-time education.

In summary, the Act will allow for, where domestic abuse was prevalent in a relationship, individuals not being required to make direct contact with their abuser or receive their consent in order to make or receive child maintenance payments. 

The Child Maintenance Service will be free to intervene on behalf of parents where there has been domestic abuse between the parents. The CMS will be able to collect and make payments on behalf of the parents without them having to communicate with each other. This is already being commonly used by many parents. It is frequently known as Collect and Pay.  As per the National Audit Office in 2022, 37% of parents who use CMS, use the option of Collect and Pay. 

Following concerns about how the CMS handles cases involving domestic abuse, they have been provided with powers to report suspected cases of financial coercion to the Crown Prosecution Service. In addition, staff will receive improved domestic abuse training. As of 29 June, there is no longer a fee that is chargeable to survivors of domestic abuse to use CMS, instead of engaging in direct communication with the parent of their child/children. The purpose of these changes is to enhance and strengthen the support victims of domestic abuse receive and ensure they can provide for their child(ren) without fearing the consequences of doing so.

This modification to the law is a consequence of an independent analysis carried out in 2021, recommended by a Domestic Homicide Review in 2017, following the death of Emma Day, who was murdered by her ex-partner having argued about childcare payments. The analysis highlighted the need for the CMS to protect its clients from all forms of abuse and emphasised the point that the perpetrator can be both the receiver and the paying parent. 

If you have an issue in this regard, do contact the Child Maintenance Service on 020 7340 4000 who will be able to assist you or contact us to speak to one of our specialist lawyers.