Parents have branded the Child Maintenance Service 'an absolute joke' and say not enough is done to get money from those refusing to pay.
The service launched in 2012 and replaced the old Child Support Agency, which was said to be failing families because it was complicated and not providing value for taxpayers. It's designed to support separated families to come to their own financial arrangements.
And, in fact, more than a third of separated parents make their own arrangements without any government support. But for many others things aren't that simple and when a partner is refusing to pay, that's when it gets difficult.
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We asked parents in Manchester whether they felt the CMS was 'an effective means of sharing living costs for children' and we were inundated with replies. Hundreds of parents, mostly mums, responded to the post on our Manchester Family Facebook page, to share their negative experiences.
Many said they were owed thousands in arrears. "My kid's dad hasn’t paid for nearly 2 years," said one mum. "They don’t do a thing."
Another added: "Nope. I was told five years ago by the CMS they wouldn’t be able to organise ongoing maintenance, and that I had little hope of getting the £5k arrears either. They are a waste of time." One mum we spoke to told us how she started a claim through the CMS in 2018 after splitting from her partner the previous December.
Since then she's had just over £160 in total as he keeps evading any action. "It's absolutely shocking," said the mum, from Beswick.
"They've allowed over £5,000 of arrears to accumulate. Every time they go for enforceable means, he says yes 'I'll pay' and it restarts the process all over again, so then no action taken.
"I just find it ridiculous how they restart the process when the paying parent says they will pay, when the account shows the pattern of behaviour and the amount of arrears that are allowed to build up.
"I received a phone call at the end of January telling me they were going for enforcement action. I then got an online message saying I'd get payments from March 21 as the father has agreed to pay, so this cancels the enforcement action and I now have to wait until so many payments are missed for this to restart."
The 36-year-old, whose daughter is now 11, added: "Every time they have managed to find a workplace for him and do an attachment of earnings, he will leave his job. Yet seeing this pattern of behaviour logged on the case, I do not understand why they would just allow a simple 'yes I'll pay' and take the process back as if it's a new case.
"I certainly think collections need looking into for cases where behaviour patterns can be seen."
Law firm Slater and Gordon, which has an office in Mosley Street, Manchester, is well used to offering advice on Child Maintenance payments. Helen Morgan, a consultant with the family team in Manchester, says the process can sometimes be tricky.
“In theory, the Child Maintenance Service provides a clear, simple and cost-effective way for parents to establish the correct amount of maintenance to be paid for children," she said. "The online calculator is simple to use and both parents can access it and use the facility."
"If both parents accept the calculation the payments can be made directly and there is no need for any outside agency to become involved in the finances. If one parent will not make the contributions willingly there is also the facility to engage the services of CMS who will make a charge of both parents for this service."
She added: "The difficulties arise if the paying parent has a 'more complicated income' with incomes from various sources rather than a PAYE salary. The CMS has power to take a parent to court and to enforce the maintenance payments but this process is sadly, often very slow and not always successful.”
The CMS is managed by the government's Department for Work and Pensions and has what it describes as 'a range of powers to help ensure parents fulfil their financial responsibility towards their children'. Enforcement action 'takes time' it says, and while it will use all the means it can to collect what is owed, it is more difficult 'to achieve this if the paying parent actively avoids their financial responsibility' towards their kids.
A DWP spokesperson said: “The CMS puts children first – in the last 12 months a record £1 billion was collected and arranged through the service. Child maintenance payments help lift around 120,000 children out of poverty each year. More than a third of separated parents make their own arrangements without any government support which is better for families and the taxpayer, allowing CMS to focus on supporting parents where that arrangement wouldn’t work or those who won’t pay."
For employed paying parents, the quickest and most effective way of securing payment is via a Deduction from Earnings Order, which instructs employers to take deductions for child maintenance directly from the paying parent's earnings. In any case where there are arrears owing, it says it may choose to take enforcement action, but before considering this, would 'look at the paying parent’s current circumstances to see if there is a realistic likelihood of recovering the arrears'.
Have you had experience of using the Child Maintenance Service? Have you found it to be effective for your family? Let us know your views in the comments here.
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