Family Law

William Wragg Excerpts

Tuesday 11th June 2019 Commons Chamber

[Mr William Wragg (Hazel Grove) (Con)]

I shall not detain the House for too long with my remarks on this important statutory instrument that has considerable effects on our constituents. I cannot, for the life of me, think why these Benches are not heaving at the moment.

I wish to draw two specific matters to the attention of my hon. Friend the Minister. I do so on the basis of understanding the fairness that there should be within this system for both the paying and the receiving parent. The first concerns income calculations. The SI makes several changes. However, what can be done to address the issue of mid-year salary reviews for the paying parent, which can lead to a significant unfairness? As I understand it, a maintenance calculation is meant to last for a whole tax year, subject to a change in income of 25%, up or down, within that year.

A constituent of mine from Marple has been making payments for his son since 2011. In 2017, he lost his job and briefly claimed benefits. He was fortunately able to find new work quickly, albeit on a significantly lower salary of 20% less than his previous job. He informed the CMS of his change in circumstances. However, because he fails the 25% test, the CMS is refusing to review the calculation, meaning that he is now making CMS payments based on a salary of over £7,000 more than he currently earns. As he is not earning that money, he does not have the money to pay, and this is therefore putting him in financial difficulties. He also has two other young children to care for in his current relationship. The policy is currently meant to cover scenarios such as losing or gaining employment completely, but not a change in job, role or salary. Ironically, had my constituent remained unemployed, his maintenance calculation would have been reduced, but by finding new work quickly, taking a pay cut and keeping up with his payments, he is now worse off, and that seems deeply unfair. Would my hon. Friend the Minister consider reducing the 25% threshold for a recalculation review to about 10% to 15% to give a better deal in such cases?

Let me now give the other perspective, of the receiving parent. A constituent of mine from Offerton informs me that she has been divorced from her children’s father for seven years, and in all that time has only received approximately six months of maintenance payments from him towards the upbringing of their two sons. She received a letter in February this year informing her that the CMS plans to write off the £11,867.99 that is owed to her in unpaid child support. I find that course of action astonishing.

The issue is not the father and ex-husband’s ability to pay, but his refusal to do so, as he is a successful self-employed director with his own limited company. A deduction of earnings order seems rather powerless, as, being his own boss, he is unlikely to enforce such an order against himself. More than £11,000 is an astonishing amount of money in the context of raising a child. What can be done to enable the CMS to better recover significant maintenance payments and arrears from people outside the standard PAYE tax system?