Making the CMS fit for purpose – Victoria’s story

Posted 12 December 2019

To mark Election Week, we’ve asked single parents to share their experiences of our key proposal policy areas. Our final blog has been written by Victoria, a 38 year-old charity worker based in Manchester and single parent to her three children. Here, she writes about the issues she’s experienced with child maintenance, and her suggestions for what needs to change.

I became a single parent in 2013, when my children were two, eight and thirteen years old. Unable to reach an agreement with my ex-partner on contributing towards raising the children, and with my mortgage and childcare costing the same amount as my monthly wage, I was soon falling into debt to pay for the essential costs of raising my family. Using the Child Support Agency was my only option.

From then on, weekly calls to the Child Support Agency, learning a whole new language and processes, and constant battles to receive child maintenance became my life for the best part of 6 years!

A double injustice

My case was transferred to the Child Maintenance Service in 2014. The new service promised to be better than the Child Support Agency. It decided that to ‘encourage’ parents to cooperate and pay directly, it would introduce a charge for those who used the Collect and Pay service.

For me, that meant when the non-resident parent refused to pay, I had no choice but to use Collect and Pay. Any money I did receive was subject to a deduction fee of 4%. It seemed like a double injustice that I was being penalised for the other parent refusing to pay.

To make matters worse, my ex-partner found a loophole in the system. If you become self-employed, it not only delays being able to have your earnings assessed for 12 months, but you can effectively say you earned nothing and evade paying child maintenance altogether!

It’s then up to the parent with care to find evidence proving the earnings of the non-resident parent. How could anyone possibly find evidence of how much you earn? It’s an impossible ask that leaves you powerless. The loopholes are well-documented, but despite this, they continue to exist.

Mandatory reconsideration

Luckily, the Gingerbread Helpline was on hand to help me and guided me through mandatory reconsideration and request for a variation. Then, my case was scheduled for tribunal – back then, Gingerbread was able to put me in touch with a volunteer forensic accountant who helped to put together my evidence to win the case. The whole process took over two years!

I was awarded £9,400, but I was soon dismayed to learn I had won nothing as the Child Maintenance Service could only deduct the arrears at £10 per week. I worked out that it would have taken 18 years to pay the arrears. The whole purpose of child maintenance payments is to help contribute to cost of raising your children.

Reforming the CMS

Sadly, I was just one of thousands of single parents across the UK in this situation. The DWP’s latest stats on CMS (published in June 2019) report that there are £293.6 million in unpaid maintenance in the UK, and a third (33%) of non-resident parents not paying anything in CMS payments. This leaves over 100,000 children without payment.

My call to the next government would be reform the child maintenance service:

  • Scrap the charge to the parent with care of 4% to ensure every penny received goes to raising their children.
  • Close the loopholes that allow self-employed non-resident parents to declare no income and evading paying to support their children.
  • Ensure cases of evasion are investigated properly by the CMS rather than expecting the single parents to have to provide evidence.

As people across the UK head to the polling stations today, 12 December 2019, Gingerbread is calling on single parents to make their votes count and ensure single parent families are at the centre of any new government’s approach. Find out how you can make your voice heard.

4 comments on “Making the CMS fit for purpose – Victoria’s story

    1. My son is 20 years old and we have literally received pennies in child support using both services. Each time I nagged the cms to contact the other party to make enquiries he stated he wAs not in work or on benefits. He stoped working if he was caught and asked to pay. He used delaying tactics repeatedly. This service is not fit for purpose. Thanks for sharing your story. I’m happy for you finally getting something however small. Be aware that at aged 20 the cms are closing my son’s case and writing off the debt.

  1. Oh this is so similar to my story. My son’s father has got thousands into arrears by just not paying. After months and months communicating with CMS i finally got an attachment to earnings order in place last spring. All was good until he left his job again. It takes them months to track down any new employer and then another couple of months to set it all up again. In the meantime despite working he just doesn’t pay. I struggle working part time with top up benefits. So they really need to make the system much faster for tracking down employer details and setting up attachment to earnings orders. They are always sympathetic but nothing ever happens quickly

    1. I am in the same boat has paid hardly anything towards my son and is classed as self employed even though he works through agencies as a forklift driver. Scams the government in 3 thousand pound tax rebate every year as he makes up receipts. They never check and has never paid NI ever owes a huge bill. Now I’m told he is able to claim self employed benefit due to covid 19. I get 1.75 a week with a 4% reduction. He owes me over 2000 pounds now for my son. And jumps from women to women with kids so no one can find him. When they do catch up and we go through a liability order he says he owns nothing and pays a little here a little there not enough to cover the normal amount let alone the arreas. When I the CSA what are the next steps like taking his driving licence or even prison. Im told because he is making a payment here and there they will not take it to the next stages. He removes all his money as soon as he gets paid so they cant take it from his bank account as they look into his account not on the day he is paid. He is laughing at the System and at me and my son. I am going through cancer right now and other health issues. Something needs to change top ot off we had an overpayment of tax credits when we split because he ernt a lot more than what he told me yet im the one having to pay the overpayment as they cant find him. Absent parents should be made to pay for there children. Not protected and part of there income taken into consideration for children that they live with that are not biological theres so they get to pay less for there own child. When are the government going to wake up this has been hoing on for years. Make absent parents ! pay then there will be less single parents having to claim as much benefits when will single parents get a break for once and there children get what is right . If you bring a child into the world you should be made to take responsibility!

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