Children: Maintenance
The question
To ask the Secretary of State for Work and Pensions, what discussions he has had with the Secretary of State for Justice on the interaction between child maintenance rules and family court child arrangement orders.
Answered by Andrew Western
The Child Maintenance Service (CMS) is limited to calculating, collecting and enforcing child maintenance payments. Decisions about child care or access arrangements, including where a child lives and the time they spend with each parent, are a matter for parents or, where necessary, the family courts.
The CMS determines the amount of overnight care actually being given by each parent, and ensures that it is reflected in the maintenance calculation.
Where shared care arrangements are disputed, the CMS will seek to collect evidence from parents to establish the actual level of care being given. Acceptable evidence can include a current court order but can also include; a formal written agreement such as one drawn up by a solicitor, or other official documentation such as reports from Social Services or CAFCASS. This approach ensures that decisions are based on clear and verifiable information so that maintenance calculations are fair, consistent, and reflect the care actually being provided.
DWP is working in partnership with the Ministry of Justice to ensure our respective services are aligned and complementary.
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