Asked by: Liz Jarvis (Liberal Democrat - Eastleigh)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment his Department has made of the effectiveness of the Child Maintenance Service in (a) recognising and applying court-ordered shared care arrangements when determining maintenance liability, (b) ensuring that submitted evidence of changes in care arrangements is reviewed and acted upon within reasonable timeframes, (c) reviewing continued collection of maintenance payments where administrative error has been identified, (d) supporting service users experiencing prolonged disputes or repeated reassessments and, (f) resolving complaints in a timely manner.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
Where the Child Maintenance Service (CMS) is satisfied that both parents have equal day-to-day care for the child, in addition to sharing overnight care, there is no requirement for either parent to pay child maintenance. There is no statutory definition of day-to-day care; the CMS’ definition is broadly aligned with that of Child Benefit, where an ‘overall care test’ is used. This provides consistency across government and receipt of Child Benefit is regarded as a good indicator of who is entitled to child maintenance payments. Where shared care exists for at least 52 night per week, the CMS will reduce liability.
If a dispute on the amount of care provided by each parent does arises, the CMS will seek to collect evidence from parents, allowing both a reasonable time to submit the evidence before we review. It will give greatest weight to evidence of a formal agreement or court order directing shared care arrangements.
When CMS backdates a change of circumstances, it will increase or decrease liability depending on the outcome of the decision.
The CMS works to ensure that liability adjustments following changes in care arrangements are processed as quickly and accurately as possible. These changes can vary in complexity, and the time taken depends on factors such as the availability of corroborating information from both parents and whether there is agreement on the new arrangements.
Where there is disagreement or insufficient evidence, additional checks are required, which can extend the timescale.
Through its Service Modernisation Programme CMS is expanding digital channels and self-service options to provide greater choice and flexibility to allow parents to submit information more quickly, helping reduce delays.
CMS has enhanced customer communications by increasing the use of SMS text and email and simplifying letters to make them clearer and easier to understand. Online services, including Get Help Arranging Child Maintenance and My Child Maintenance Case (MCMC), allow parents to access advice and manage their case 24 hours a day, seven days a week. It has also introduced online messaging for certain processes, enabling customers to respond to requests for information at a time that suits them, with plans to extend this functionality further. By promoting self-service, CMS frees up resources to support customers who need to speak to it by telephone. Recent improvements to call routing ensure more calls go directly to case-owning teams, providing a faster and more responsive service.
The DWP aims to contact a customer within 15 working days to tell them of the outcome of their complaint or when they can expect a response if it will take longer.
Asked by: Ian Sollom (Liberal Democrat - St Neots and Mid Cambridgeshire)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what progress his department has made on the implementation of the Child Support (Enforcement) Act 2023 in England and Wales.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
Work is ongoing to implement Administrative Liability Orders (ALO).
While Child Maintenance is reserved, enforcement of CM arrears in Scotland requires using the Scottish judicial system, which is devolved.
We are working closely with HM Courts and Tribunals Service and the Scottish Government to ensure enforcement action resulting from ALOs operates effectively across the UK, and plan to introduce regulations to Parliament to implement the measures across England, Scotland and Wales, as soon as possible.
Asked by: Ian Sollom (Liberal Democrat - St Neots and Mid Cambridgeshire)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if he will publish (a) the total amount owed to parents in child maintenance payment arrears and (b) how much this has increased by over the last 10 years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Department publishes quarterly statistics for the Child Maintenance Service (CMS)and the latest statistics are currently available to September 2025. Table 5 of the latest National tables shows the total amount of child maintenance that Paying Parents should have paid since the CMS began, and how much of that has not been paid at the end of every quarter, from March 2015 to September 2025.
Asked by: Andrew Snowden (Conservative - Fylde)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether his Department has undertaken an impact assessment of the effect of calculating Child Maintenance Service payments on gross income on the financial wellbeing of paying parents in the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The child maintenance liability is usually calculated as a percentage of a Paying Parent’s gross weekly income, unless they are on low income or benefits where they pay a flat rate of £7. Income information is taken directly from HM Revenue and Customs for the latest tax year available and applies to parents who are employed or self employed. This allows calculations to be made quickly and accurately.
On previous Child Maintenance schemes net income was used. When this was changed to gross income on the 2012 scheme, percentages were adjusted to reflect the change and keep liabilities broadly the same for a given level of income as they had been under previous schemes.
The Government has announced a review of the child maintenance calculation to ensure the formula encourages compliance and sustainable arrangements. Any changes made to the child maintenance calculation will be subject to public consultation, and if made, will require amendments to legislation so would be subject to Parliamentary scrutiny.
Asked by: Al Pinkerton (Liberal Democrat - Surrey Heath)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what mechanisms are available to review child maintenance assessments where a paying parent is suspected of diverting income through (a) cash-based and (b) self-employed business activity.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service (CMS) focuses on maximising compliance and identifying hidden earnings through measures such as data sharing with His Majesty’s Revenue and Customs (HMRC).
Information about the paying parent's gross income is taken directly from HMRC for the latest tax year available. This allows calculations to be made quickly and accurately. Use of historic income ensures a stable calculation, which we know from customer feedback is valued as it enables parents to rely on maintenance for financial planning purposes.
In the event a receiving parent believes a paying parent’s earnings are not captured in the standard calculation using HMRC gross income data, they can apply for a variation, under which certain other categories of income can be considered.
Cases where the CMS has reason to believe Paying Parents may be hiding their income can be investigated by the Financial Investigation Unit. This is a specialist team which can request information from financial institutions (such as banks, investment companies and mortgage companies) to check the accuracy of information that the CMS is given. If any discrepancies are found, they can implement a correct maintenance liability that is supported by CMS legislation.
The department is currently reviewing the calculation to make sure it is fit for purpose.
Asked by: Al Pinkerton (Liberal Democrat - Surrey Heath)
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 (a) identify and (b) investigate suspected under-declaration of income within the Child Maintenance Service.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service (CMS) focuses on maximising compliance and identifying hidden earnings through measures such as data sharing with His Majesty’s Revenue and Customs (HMRC).
Information about the paying parent's gross income is taken directly from HMRC for the latest tax year available. This allows calculations to be made quickly and accurately. Use of historic income ensures a stable calculation, which we know from customer feedback is valued as it enables parents to rely on maintenance for financial planning purposes.
In the event a receiving parent believes a paying parent’s earnings are not captured in the standard calculation using HMRC gross income data, they can apply for a variation, under which certain other categories of income can be considered.
Cases where the CMS has reason to believe Paying Parents may be hiding their income can be investigated by the Financial Investigation Unit. This is a specialist team which can request information from financial institutions (such as banks, investment companies and mortgage companies) to check the accuracy of information that the CMS is given. If any discrepancies are found, they can implement a correct maintenance liability that is supported by CMS legislation.
The department is currently reviewing the calculation to make sure it is fit for purpose.
Asked by: Al Pinkerton (Liberal Democrat - Surrey Heath)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment he has made of the effectiveness of data-sharing between the Child Maintenance Service and HM Revenue and Customs in detecting income manipulation.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
As a principal part of the service design, the department uses data from HM Revenue & Customs (HMRC) and its own benefits data to assess 91% of Paying Parents earned income and benefit status, which are key parts of the maintenance calculation. We also receive evidence of income directly from Universal Credit where a customer is in receipt of Universal Credit with earnings.
Primarily, calculations are based on historic income amounts from the latest available tax year, provided via interface by HMRC, where a complete tax year is available within the last 6 years. Where historic tax year information is unavailable, or a customer requests a supersession on the basis that PP income is 25% different from the historic amount, we have two routes based on the PP employment circumstances:
Where a paying parent receives unearned income which can be legally considered in assessing child maintenance either parent can request a variation to the normal maintenance calculation. Cases involving suspected misrepresentation or fraudulent behaviour 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 (CMS) is given.
Where a change to current income is applied, CMS will further verify this against HMRC evidence at Annual Review, and again at a Periodic Current Income Check (+11 months from change to Current Income) to re-verify the income evidence with RTI. This provides comprehensive assurance as it is independent of the Paying Parent and directly interfaces with HMRC, reducing the opportunity for misrepresentation or inaccuracies. We have increased the proportion of changes where we automatically interface with RTI, including changes instigated by Receiving Parents.
In October 2023, the Government announced intentions to introduce legislation so that unearned income can be considered automatically when the maintenance calculation is made to ensure a paying parent’s maintenance calculation reflects their ability to pay. We are currently engaging with stakeholders on how best to implement this.
Asked by: Elsie Blundell (Labour - Heywood and Middleton North)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment he has made of the potential merits of reviewing the enforcement processes of the Child Maintenance Service.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service has a range of strong enforcement powers that are designed to get money flowing quickly, prevent the build-up of arrears and ensure children get the financial support they deserve. These powers include the ability to deduct directly from the paying parent’s earnings or bank accounts and disqualifications from holding or obtaining driving licenses and passports.
The Government has announced our intention to reform the Child Maintenance when parliamentary time allows system. We will remove Direct Pay and move to a single, strengthened Collect and Pay system which will allow the CMS to monitor all payments, identify missed or partial payments immediately, and take faster enforcement action. Ahead of this change, the CMS is already moving non-compliant parents more quickly from Direct Pay to Collect and Pay.
In March 2025, CMS established a process to manage high- and medium-risk cases using predictive analytics, resulting in earlier identification of at-risk cases and enabling caseworker intervention at the earliest opportunity where indicators of non-compliance are identified.
To further improve arrears collection, the CMS will introduce administrative liability orders to replace the current court-based process. This will streamline enforcement, reduce delays, and help the CMS act more quickly against parents who avoid their responsibilities. Work with HM Courts and Tribunals Service and the Scottish Government is underway, and regulations will be brought to Parliament as soon as possible.
Asked by: Elsie Blundell (Labour - Heywood and Middleton North)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what steps he is taking to improve the enforcement processes of the Child Maintenance Service.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service has a range of strong enforcement powers that are designed to get money flowing quickly, prevent the build-up of arrears and ensure children get the financial support they deserve. These powers include the ability to deduct directly from the paying parent’s earnings or bank accounts and disqualifications from holding or obtaining driving licenses and passports.
The Government has announced our intention to reform the Child Maintenance when parliamentary time allows system. We will remove Direct Pay and move to a single, strengthened Collect and Pay system which will allow the CMS to monitor all payments, identify missed or partial payments immediately, and take faster enforcement action. Ahead of this change, the CMS is already moving non-compliant parents more quickly from Direct Pay to Collect and Pay.
In March 2025, CMS established a process to manage high- and medium-risk cases using predictive analytics, resulting in earlier identification of at-risk cases and enabling caseworker intervention at the earliest opportunity where indicators of non-compliance are identified.
To further improve arrears collection, the CMS will introduce administrative liability orders to replace the current court-based process. This will streamline enforcement, reduce delays, and help the CMS act more quickly against parents who avoid their responsibilities. Work with HM Courts and Tribunals Service and the Scottish Government is underway, and regulations will be brought to Parliament as soon as possible.
Asked by: Olivia Blake (Labour - Sheffield Hallam)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment his Department has made of the effectiveness of requiring lower earning parents to take the other parent to court for child maintenance payments rated on income worth more than £3000 a week.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The Child Maintenance Service (CMS) calculates maintenance using the paying parent’s gross weekly income up to £3,000, ensuring contributions are fair and lower earners are protected through flat or nil rates. Where income exceeds £3,000, the receiving parent can apply to the courts for additional “top-up” maintenance beyond the statutory cap.
The CMS formula was introduced in 2012. At that time, Parliament chose to leave securing additional maintenance assessed on income over the level of a cap set at annual earnings limit of around £156,000 to the family courts, via top-up orders, as income of this magnitude tends to be generated and invested via more complex financial mechanisms than the administrative service is designed to handle. The cap therefore ensures that the statutory scheme remains a simple, administratively efficient formula, and the courts handle bespoke, higher value disputes.
All cases can secure substantial maintenance payments via the existing administrative system, and for the vast majority of cases this will be their only source of maintenance. For the small minority where their former partner has exceptionally high income, the system is designed to ensure that court involvement is available, by limiting that involvement to cases where judicial discretion is genuinely required.