A new Act of Parliament is set to come into force over the next few months, having received Royal Assent on the 20th July 2023.
The Child Support (Enforcement) Act 2023, will enable the Child Maintenance Service (“CMS”) to pursue non-payment of child maintenance from the liable parent by granting additional powers to the CMS to make ‘Liability Orders’, without having to apply to the courts.
A Liability Order is used to recover child maintenance arrears and, when granted, it allows the CMS to take further action against the liable parent, using various methods of enforcement, known as ‘Enforcement Orders’.
Enforcement Orders can include a sheriff officer going to the liable parent’s home to value their belongings that could then be sold to pay off the arrears; an inhibition order to control what they can do with their property, for example, to prevent them from selling it; or seize funds in their bank accounts.
If these methods are not successful, the CMS can take further enforcement action including disqualification from driving, disqualification from holding a UK passport, or sending a non-compliant parent to prison in the worst cases.
Under the previous legislation, the CMS would have had to apply to the courts to obtain a Liability Order before they could use their powers of enforcement. This process could take weeks or potentially months, leaving parents without the valuable financial support they need.
The new law will repeal the requirement of the CMS to obtain an Order from the Court, allowing enforcement measures to be used more quickly against parents who have failed to meet their financial obligations to pay child maintenance.
It is hoped that this will assist families in receiving help recovering arrears quicker, which is much needed considering it estimated that there will be £1 billion of arrears in child support by 2030.
At Fisher Jones Greenwood, our team of family law experts have a wealth of experience in dealing with children and financial matters and can provide clear advice to guide you through this process. If you would like advice about children or family disputes, please contact our Family Team at 01206 700113 or contact us.