New child maintenance powers to protect domestic abuse victims

Parliament has approved a Bill to ensure victims of domestic abuse can receive financial support for their children without contact with their abuser.

Shannon Bateson, Solicitor in our family law team provides an update.

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.

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 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.

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.

Another government-backed Bill – the Child Support (Enforcement) Bill – which is due to become law soon, will simplify the court process of recouping child maintenance arrears, while continuing to protect paying parents’ appeal rights.

For more information about the issues raised in this article or any aspect of family law please contact Shannon on 01228 516666 or click here to send her an email.