Asked by: Ian Roome (Liberal Democrat - North Devon)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps his Department is taking to improve the enforcement of child maintenance obligations in cases where non-resident parents repeatedly change employment or sources of income in order to evade their child maintenance liabilities.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
Where a paying parent changes jobs, The Child Maintenance Service (CMS) uses real-time information from HMRC where available, to quickly identify new employment and adjust maintenance calculations accordingly.
People who are self-employed are required to keep accurate records of their business income and expenses for tax purposes. HMRC can charge penalties for inaccurate reporting where it results in tax being unpaid.
Where the information available from HMRC does not give rise to a liability which accurately reflects what a customer believes a paying parent should be paying, the parent can seek a Variation. Variations allow the CMS to look at some circumstances which are not covered by the basic maintenance calculation. A variation can be requested on grounds of diversion of income. This is when the paying parent may be able to control the amount of income they receive. This includes diverting income to another person or for another purpose (including excessive pension contributions).
Cases involving complex income can be investigated by the Financial Investigation Unit (FIU). This is a specialist team which can request information from financial institutions to check the accuracy of information the Child Maintenance Service is given.
If paying parents fail to meet their financial obligation to their children, the CMS has a range of strong enforcement powers including deduction from earnings orders and bank accounts, removing a parent’s passport or driving license and commitment to prison. These require time to be deployed effectively; this is obviously frustrating for parents, but is necessary to ensure that, as far as possible, the right person pays the right amount without imposing an excessive burden on employers, the banks, or the court system.
The government is working to introduce administrative liability orders which will replace the current requirement for the CMS to apply to the court for a liability order. Introducing a simpler administrative process will enable the CMS to take faster action against those paying parents who actively avoid their responsibilities and will get money to children more quickly.
Once the system is in place, wee expect the new liability order process in the majority of cases to take around 6 weeks. Changes will mean the CMS can use its strong enforcement powers more quickly to go after those who wilfully avoid their financial obligations to their children.
Asked by: Ben Maguire (Liberal Democrat - North Cornwall)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many non-resident parents who have repeatedly failed to meet their child maintenance payment obligations have had their driving licenses disqualified as a consequence in each of the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The 2012 child maintenance reforms are designed to increase cooperation between separated parents and to ensure that children receive appropriate financial support. Where family-based arrangements are not suitable, the Child Maintenance Service (CMS) operates a statutory scheme and applies a Payment Compliance strategy to address nonpayment. The CMS uses firm enforcement measures - such as liability orders, deductions from earnings, account deductions, passport and driving licence removal, and, in the most serious cases, imprisonment - when parents who have the means to pay choose not to. These powers are applied proportionately and in the best interests of children, and their deterrent effect ensures that their use remains low.
The Department regularly publishes Child Maintenance Service official statistics, with the latest statistics available to September 2025. Table 6.2 of the accompanying National tables provides the outcome information where the CMS applied to courts to sanction Paying Parents for non-compliance. The table shows quarterly statistics for both suspended and immediate prison sentences and driving disqualifications for England & Wales and for Scotland, between July 2019 and September 2025.
Asked by: Ben Maguire (Liberal Democrat - North Cornwall)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many liability orders have the Child Maintenance Services applied for in respect of non-resident parents who have repeatedly failed meet their child maintenance payment obligations in each of the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service may seek a Liability Order only when a Paying Parent has not met their obligations and other measures have been exhausted. In England and Wales, such orders may enable referral to enforcement agents, previously known as bailiffs, to recover arrears. In Scotland, enforcement proceeds through the Scottish civil court system.
The Department regularly publishes Child Maintenance Service official statistics, with the latest statistics available to September 2025. Table 6.1 of the accompanying National tables provides the information about enforcement actions used by the CMS. The table shows quarterly statistics for liability order applications and enforcement agent referrals for England & Wales, between October 2015 and September 2025.
Asked by: Ben Maguire (Liberal Democrat - North Cornwall)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many cases of bailiff action have occurred as a result of outstanding child maintenance payments in each of the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service may seek a Liability Order only when a Paying Parent has not met their obligations and other measures have been exhausted. In England and Wales, such orders may enable referral to enforcement agents, previously known as bailiffs, to recover arrears. In Scotland, enforcement proceeds through the Scottish civil court system.
The Department regularly publishes Child Maintenance Service official statistics, with the latest statistics available to September 2025. Table 6.1 of the accompanying National tables provides the information about enforcement actions used by the CMS. The table shows quarterly statistics for liability order applications and enforcement agent referrals for England & Wales, between October 2015 and September 2025.
Asked by: Ben Maguire (Liberal Democrat - North Cornwall)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many non-resident parents who have repeatedly failed to meet their child maintenance payment obligations have been sent to prison in each of the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The 2012 child maintenance reforms are designed to increase cooperation between separated parents and to ensure that children receive appropriate financial support. Where family-based arrangements are not suitable, the Child Maintenance Service (CMS) operates a statutory scheme and applies a Payment Compliance strategy to address nonpayment. The CMS uses firm enforcement measures - such as liability orders, deductions from earnings, account deductions, passport and driving licence removal, and, in the most serious cases, imprisonment - when parents who have the means to pay choose not to. These powers are applied proportionately and in the best interests of children, and their deterrent effect ensures that their use remains low.
The Department regularly publishes Child Maintenance Service official statistics, with the latest statistics available to September 2025. Table 6.2 of the accompanying National tables provides the outcome information where the CMS applied to courts to sanction Paying Parents for non-compliance. The table shows quarterly statistics for both suspended and immediate prison sentences and driving disqualifications for England & Wales and for Scotland, between July 2019 and September 2025.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department has recently assessed the potential merits of reviewing the weighting given to a child's views in child arrangement orders in cases where there is an unresolved disagreement between parents.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has considered changes to child arrangement orders that would affect child maintenance requirements for parents without custody.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 10 November 2025 to Question 87080 on Child Arrangement Orders, if he will make such an assessment.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.
Asked by: Chris Curtis (Labour - Milton Keynes North)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether the inquiry into the Child Maintenance Service will include a review of the REMO/MEBC.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Government is conducting a review of the child maintenance calculation to make sure it is fit for purpose. This includes updating the underlying research and considering how to ensure the calculation reflects current and future societal trends.
The scope of the review does not include Reciprocal Enforcement of Maintenance Orders (REMO) or Maintenance Enforcement Business Centre (MEBC) processes. Responsibility for REMO falls within the Ministry of Justice, as it concerns the enforcement of maintenance orders across international jurisdictions that are subject to separate legislative frameworks.
Asked by: Tom Tugendhat (Conservative - Tonbridge)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many Child Maintenance Service enforcement actions in the most recent year for which data is available resulted in (a) full recovery of arrears, (b) partial recovery of arrears and (c) no recovery of arrears, by type of enforcement action.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Department for Work and Pensions has indicated that it will not be possible to answer this question within the usual time period. An answer is being prepared and will be provided as soon as it is available.