Children: Maintenance
The question
To ask the Secretary of State for Work and Pensions, whether he will review the adequacy of safeguards to ensure the accuracy of arrears and appropriate court oversight in the enforcement of child maintenance liabilities.
Answered by Andrew Western
The Child Maintenance Service (CMS) is committed to ensuring that parents meet their financial responsibilities in full and on time with payments calculated so they are reasonable and affordable for the paying parent.
When arrears are identified, parents are given a clear explanation of how the amount has been calculated. Where a parent believes the arrears to be incorrect, they have opportunity to dispute the decision and provide evidence within set timescales.
The CMS has a structured dispute resolution process, including Mandatory Reconsideration and the right of appeal to an independent tribunal, His Majesty’s Courts and Tribunal Service.
Where a dispute is raised, the case is reviewed before court‑based enforcement proceeds, as a Liability Order may only be granted where a magistrate is satisfied the debt is legally due and unpaid. This safeguards both parents and ensures enforcement is taken only on resolved debt.
The Department keeps these safeguards under regular review to ensure the accuracy of arrears and that enforcement action continues to be subject to appropriate judicial oversight.
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