Thousands will benefit from a huge change in child support, including the abolition of the fee
THOUSANDS of parents will soon benefit from a huge change to child support rules.
The Department for Work and Pensions (DWP) has told The Sun it will scrap application fees for using the government's Child Maintenance Service (CMS). next one month.
It will also clear any existing arrears worth £7 or less that parents owe to their ex-partner to help with their child's living costs.
Child support determines how your child's living expenses are paid if one parent does not live with the child.
It is made if you are separated from the other parent or if you have never been in a relationship.
This is a financial arrangement between you and your child's other parent.
Divorced couples can arrange child support between themselves or use the government's CMS, which will do this on their behalf.
It is often used to ensure that victims of domestic violence or hostile previous relationships can get their fair share in raising their children.
Anyone with children under the age of 16 (or under the age of 20 if they are still in full-time education) can use the CMS.
But most parents have to pay a £20 registration fee to register for the government service.
So far, only those who are victims of domestic violence and abuse can be waived.
However, from Monday 26 February, anyone who registers to use the CMS will be exempt from the costs.
DWP Minister Viscount Younger of Leckie said: “We are removing the £20 application fee for the Child Maintenance Service (CMS) so that no child misses out because their parents cannot afford to apply.”
However, the DWP is urging parents who want to use the CMS not to wait to apply until the application fee has been scrapped.
This is because you cannot retroactively date a child support claim.
Once the claim is open, you can claim any delinquencies from the date the claim was filed.
The first child support payment is usually made within twelve weeks of the application. The longer you delay, the longer you will have to wait before receiving the money.
Viscount Younger of Leckie said: “Our message to parents is clear: do not delay in submitting an application to CMS so that full financial support is received as quickly as possible.”
The DWP will also cancel all unpaid child support between parents worth £7 or less from February 26.
Usually, CMS will arrange payments for you and if a parent misses this, the agency will take action.
This means that if a parent owes something as little as £1, the CMS will continue to notify that parent to make a payment.
The CMS can seek a court order (called a liability order) and take legal action to recover unpaid child support.
They may also charge the paying parent the cost of any action they take. This is in addition to the child support they owe.
However, the DWP has argued that arrears worth £7 or less are not worth immediate action and so any amounts below this amount will be written off.
Who must pay child support?
You must have a child support arrangement if your child is under 16 years old (or under 20 years old if he or she is still in full-time education).
Both parents are responsible for the costs of raising their children, even if they do not see them.
You do not have to arrange maintenance via the CMS, but you can choose to arrange this directly with the other parent.
Paying child support does not mean you have the right to see the child.
If you want to see them, you should first try to reach an agreement with the person caring for them.
If you believe you are not the child's parent, you must prove why.
You may have to pay until you prove you are not the child's parent.
The CMS can only ask you to pay alimony if all of the following rules apply to you and your family:
- You are all ordinarily resident in Great Britain. This means that you have made Britain your home and plan to live here for the time being.
- The child is younger than 16 or younger than 20 years old and is following approved education.
The Child Support Service can:
- Calculate an amount you must pay
- Arrange payments and take action if a parent does not pay
- Resolve disagreements about parenting
- Try to find the other parent if you don't know where they are
You do not have to pay through the CMS if you already pay child support:
- To someone else via the CMS
- Pursuant to a court order that is less than a year old
How much should I pay?
The CMS initially assesses what you have to pay based on what the other parent has told you.
Information about each parent from HM Revenue and Customs (HMRC) and the Department for Work and Pensions (DWP) will also be assessed.
You will then be asked for information by telephone to calculate exactly what you have to pay.
If the CMS cannot contact you by telephone, it will write to you. You have 14 days to respond.
The CMS will attempt to arrange a personal interview with you if:
If you use the Child Support Service, they will calculate the amount of your child support based on the circumstances of the paying parent.
You can then:
- Arrange payments yourself with the other parent (Direct Pay)
- Use the CMS to collect and transmit payments (Collect and Pay). There are costs associated with this service
Both parents get a choice. If either parent chooses Direct Pay, the payment method is Direct Pay.
If you arrange payment in this way, you will not have to pay any costs.
But if the paying parent misses payments or is late, CMS can change the payment method to Collect and Pay.
Every time you pay or receive regular child support through Collect and Pay, you must pay a fee. The compensation amounts to:
- 20% (which will be added to the payment) for paying parents
- 4% (which is deducted from the benefit) for receiving parents
How do I apply for child support?
Use the 'Help with arranging child support' on Gov.UK to apply to the CMS, if you choose to use this.
When you contact the Child Support Service, you will need:
- The reference number you received from the 'Help with arranging child support' tool
- Your bank details
- Your citizen service number
If you do not have the daily care of the child, you will also be asked about:
- Your employment details
- Your income and any benefits you receive
- Private pension contributions
Tell CMS if it is not safe for the other parent to know your name (if you have changed it) or your location.
Tell CMS if the paying parent has other income or expenses that you want to consider when working out payments.
This is called 'applying for a variation' and both parents can submit an application.
A registration fee of €20 will be charged, but you do not have to pay this if you:
- Have experienced domestic violence
- Am under 19 years old
- Live in Northern Ireland