New Law To Guarantee Domestic Abuse Victims Receive Child Maintenance Receives Royal Assent

Those who have been victims of domestic abuse understand how difficult it is to co-parent and communicate with their abuser when it comes down to the arrangements of their child and/or child maintenance. However, on 29th June 2023, a Bill received Royal Assent which will ensure victims of domestic abuse can receive children maintenance without communication from their abuser.

What does this Bill mean?

There will be new powers in place to stop child maintenance economic abuse, there will be a new law to allow Child Maintenance Service to intervene in payments for victims and there will be more financial protection for children in separated families.

The Child Support Collection (Domestic Abuse) Act 2023 will allow the Child Maintenance Service to intervene in cases where abuse is evident, using their own powers to collect and make payments. This set-up, called Collect and Pay, is already used by many parents using the CMS. This provides more protection for parents who have experienced domestic abuse by managing payments and avoiding the need for contact, which prevents the perpetrators from inflicting financial abuse and control.

Work and Pensions Minister, Viscount Younger of Leckie, 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.”

On 16 June 2023, the Act was passed through Parliament, after gaining cross-party backing throughout its passing.

This new law will mean more support for those victims of domestic abuse and provide them with the assurance that they can make a claim for child maintenance without the fear of having to communicate with an abusive ex-partner/husband.

MP, Sally-Ann Hart, and Lord Farmer took the Bill through Parliament with additional support from the Government.

Leading expert on domestic abuse, Dr Samantha Callan, led an independent review into the Child Maintenance service’s support for victims. The change to the Bill follows from the recommendations of Samantha.

She 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 Bill soon to become law has been backed by the Government, the Child Support (Enforcement) Bill. This Bill aims to make the Court process easier of recouping child maintenance arrears, while also protecting paying parents’ appeal rights. The purpose is to make it simpler and faster for the Child Maintenance Service to enforce action and get back money owed to families.

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Rina Mistry is a Senior Associate in our expert Family Law team.

If you need further advice on the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.

For more information or advice, please call Rina or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.

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