New law to ensure domestic abuse victims receive child
maintenance gets Royal Assent
- New powers to stop child maintenance economic abuse
- New law will allow Child Maintenance Service to intervene in
payments for victims
- More financial protection for children in separated families
A Bill ensuring victims of domestic abuse can receive child
maintenance without contact from their abuser has today received
Royal Assent (Thursday, 29 June 2023).
The Child Support Collection (Domestic Abuse) Act 2023 will allow
the Child Maintenance Service (CMS) to intervene in cases where
abuse is evident, using its powers to collect and make payments.
This set-up, called Collect and Pay, is already used by 37% of
parents using the CMS. It provides extra protections for parents
who have experienced domestic abuse by managing payments and
avoiding the need for contact - preventing perpetrators from
inflicting financial abuse and control.
Work and Pensions Minister said:
“Domestic abuse and coercive control are abhorrent crimes. This
positive change will enhance our existing support for domestic
abuse victims and ensure they can make a child maintenance claim
without the fear of having to deal with an abusive ex-partner.”
The Act was approved by Parliament on Friday 16 June 2023, after
receiving cross-party support throughout its passing.
The new law will build on the CMS’s existing procedures to
protect both paying and receiving parents who are vulnerable to
domestic abuse, ensuring more children in separated families are
supported. The Bill was taken through Parliament by and , with support from the
Government.
The change follows recommendations by a leading expert on
domestic abuse, Dr Samantha Callan, who led an independent review
into the CMS's support for victims.
Dr Samantha Callan said:
“I am heartened that the Government have so quickly legislated to
strengthen support for parents experiencing domestic abuse
following my Review. This extra layer of protection for both
parents and children was an important one of my
recommendations to build on the CMS's substantial reform in this
area."
Another government-backed Bill – the Child Support (Enforcement)
Bill – which is soon also to become law, will simplify the court
process of recouping child maintenance arrears, while continuing
to protect paying parents’ appeal rights. This change in this
Bill will make it easier and quicker for the CMS to take
enforcement action and recoup money owed to families.
Together these changes will significantly strengthen the CMS’s
existing support for vulnerable families.