THE UGLY: CMS GET NEW POWERS TO FORCE PAYING PARENT ONTO COLLECT AND PAY

Child Support Collection (Domestic Abuse) Bill will gain Royal Assent. LINK

This government backed bill, now approved by parliament, will allow the Child Maintenance Service (CMS) to force parents where domestic abuse has been found to have occurred, onto the Collect and Pay system. 

This arrangement is where the payments are taken direct from the paying parent with an additional 20% to cover costs. The evidence required for CMS to take this route is described in the Bill as “…evidence of a prescribed kind relating to relevant abusive behaviour”. LINK. Not at all clear if acceptable evidence would be a criminal conviction or just findings at a Fact Finding in the Family Court or an exparte non-molestation order. CMS will enact this payment method at the request of the “abuse victim”. In addition, CMS are empowered to take this action even if the paying parent has no record of payment default. For most parents on an average wage this could amount to an extra £1000 payments per year, to CMS, rather than to their children and there is no reference to how long this additional payment would continue. This is a fine in any other name. Watch this space for more details.

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