Guest post: 'We overhauled the Child Support Agency precisely because it wasn’t working'

[MumsnetGuestPosts]

1. Does the service actually use the powers it has to make parents face consequences for non-payment?

Yes. As many of you know, we overhauled the Child Support Agency precisely because it wasn’t working. Over time we have made our consequences tougher and importantly, we are using them more and more.

The powers we can use include deducting money from the non-paying parent’s earnings through their employer and accessing funds from bank accounts, including joint accounts. We can register the debt with a credit reference agency, which can impact their credit rating and ability to get a mortgage. We can also grant court action for liability orders, which means Enforcement Agents could come and sell their property to pay unpaid maintenance and any costs. If that doesn’t work, we can also disqualify them from driving, confiscate their licence, take their passport away, or send them to prison.

Because of the changes we have made, our service is improving year on year - and the numbers show we are using the powers we have to help families. The amount of maintenance arranged for the benefit of children has increased by 20% compared to last year, and £1 billion of maintenance is expected to be arranged this year alone.

Currently, there are 48,300 deductions from earnings orders and requests in place; and 3,500 regular and lump sum deduction orders in place. During the quarter ending June 2019, £26.1 million was collected from parents undergoing a deduction from earnings order or request; and £2.9m was deducted directly from the paying parent’s bank accounts.

2. How much effort do you put in to finding a non-paying parent?

A huge amount. We can use all kinds of sources to find an individual, from HMRC records to someone’s phone bill information. We’ll do everything we can to contact them and contact their employer if we need to.

If we’ve made reasonable attempts to contact them and given them enough chances to pay, we can start enforcement measures using just their address - regardless of whether we’ve been able to talk to them or not.

Before that point, we’ll use our administrative powers to encourage them to pay, such as the deduction from earnings order (if they are employed) or a deduction order, where we can freeze and collect money from a bank account that we have evidence they use. If this doesn’t work, we’ll move on to tougher legal action.

3. How does it work when non-paying parents have other children they owe maintenance for? How does that affect what my child will get?

We split the payments on a pro-rata basis so no child is favoured over the other.
These calculations seem complicated because they involve three households: yours, the other household with children, and the paying parent. You can use our online calculator to work out how much you should be getting. It’ll show you what we’re likely to work out for you.

How many children the paying parent has affects how much they pay you for your child. How much they earn is taken into account to make sure they can afford it, and reflects how much they’d pay for their child if they were living with them. For example, if the paying parent is on the basic rate of child maintenance, then how much they have to pay you depends on how many other children they’re paying for as well. So, in this case, if paying parent is paying for one child, then they’ll pay 12% of their gross weekly income. If there’s two children, they’ll pay 16%, and three or more children is 19%. This is assuming that your child stays with you all the time.

4. Some parents are using job-hopping to avoid paying. What are you doing about that?

If a parent changes jobs, unless their income goes up or down by 25%, the maintenance calculation will remain the same until the annual review – but rest assured that we have access to real time earnings information from HMRC to verify current income figures.

If you’re concerned about the paying parent deliberately job-hopping to avoid paying, you can request a mandatory reconsideration where your maintenance calculation will be reassessed and their earnings are looked into in more detail.

It can be difficult to get a small minority of parents with complex incomes to comply. That’s why we have a new compliance and arrears strategy, which includes proposed changes to target loopholes.

This is in addition to working more closely with HMRC and dedicating more resources to the specialist financial investigation unit, who have the power to look more closely into individual circumstances to see if parents are actively avoiding their responsibility.

We can’t force a paying parent to stay in a certain job, and people who do job-hop are difficult to pursue. But we’ll use every power at our disposal to get them to pay for their children.

5. Some parents use self-employment to hide their earnings and pay less. What are you doing about that?

If someone suspects their ex-partner of avoiding paying child maintenance, fraud, or not declaring their earnings, they should inform us straight away so we can refer the case to our Financial Investigations Unit (FIU) and investigate the situation fully.

They can check the accuracy of the information that the paying parent has given the CMS. When it comes to assessing how much a self-employed person should be paying, we receive their gross income and gross taxable profit of their business for the most recent tax year from HMRC – and they can charge penalties for inaccurate reporting if the FIU finds out that tax hasn’t been paid.

6. What about parents who deliberately aren’t registered as UK taxpayers, but have a home in the UK?

We’re aware of a small number of parents whose payments don’t match up with their finances and resources, because they can choose to support themselves via a complex arrangement of assets rather than taking a salary.

We have new powers to deal with this. It means that assets from a specified list can be taken into account when calculating child maintenance, including houses. If the total value of those assets is above £31,250, we’ll calculate what’s called a notional income of 8% of the value of those assets. This aims to be effective in targeting a parent with a wealthy lifestyle where their income is complex or can’t be pinned down.

7. Why aren’t the additional costs of raising a disabled child taken into account for the calculation?

CMS goes off the paying parent’s income which takes a percentage from their earnings based on the number of children they have, rather than the specific circumstances of a child.

Through the welfare system, there’s financial support available for parents raising children with disabilities such as the Disability Living Allowance (DLA), which can provide up to £148.85 a week to help with the cost of looking after a child under 16 depending on the level of help needed. You can find more information, such as the eligibility requirements and how to claim, online.

When your child turns 16, DLA becomes Personal Independence Payments (PIP). We’ll write to let them know, as usually they’ll need to apply for it. A claim can be started by calling the DWP on 0800 917 2222, with the information provided in the PIP claimant guide. This system also provides up to £148.85 a week.

8. Why do payment amounts change, and often without notice?

We’ll set the payment amount for the paying parent and you’ll be informed if we changed that.

If you don’t get the amount we’ve told you, or you don’t get anything at all, let us know and we’ll chase them. We can use our enforcement measures, or move them on to the collect-and-pay system.

9. Inconsistent advice is a big problem. Why can’t I have a dedicated case worker?

You will get a dedicated worker who will oversee your case if it’s particularly complicated. But, in most cases, our trained staff have the right level of understanding and expertise to help you. We regularly train our staff to make sure they are equipped to handle the variety of cases that come their way.

We’re continually looking at our service to make sure we’re delivering the best outcomes we can. For example, we’ve changed the way we route calls, improving how many land with the right team straight away. Colleagues know they can take action on customer queries, and that they should give clear, consistent expectations on how long things may take so you don’t feel in the dark.
And, no matter how you choose to contact our department, we will work hard to provide you with an effective resolution and, importantly, get money to your family as early as possible.

10. Why won’t I get maintenance for my child past the age of 18?

Sometimes you can, because of how we legally define a child. Your child is eligible for CMS if they’re under the age of 20 and in full-time education, or you’ve registered for child benefits for them. To be eligible for child benefits until they’re 20 years old, again, they need to be in approved full-time education or training, and live in the UK. If this isn’t the case, when your child turns 19, the paying parent is no longer liable.

Baroness Stedman-Scott will be returning to the post on Thursday 10 October

[littlebillie]

I've heard they have rolled out a new system n the last few weeks and post training this month there is nowhere to hide.

The powers they now have are not to be underestimated and it's encouraging they are making it very clear that they can see everything.

I think if you have a claim you may see things changing.

I think the idea is people sort this out for themselves without the involvement of state, as state involvement will be no fun at all

[itswonkylampshade]

I don’t post a lot but am compelled to add to the many voices saying the system does not work. My XP has job-hopped for years and lied about his income as well. He has arrears of something like £7K which is not reflective of what he should actually have been paying at all as he managed to stay under the radar and work cash in hand a lot of the time. At one stage I had five different jobs, attempting to make ends meet.

I am totally disgusted and dismayed to read about arrears being written off. How dare they do that!? As a pp noted, this should NOT be happening at the discretion of the CMS. It’s money owed to resident parents and children and should sit there as an outstanding debt for as long as it takes to recoup it.

The state collaborates in enabling NRPs to neglect and abandon their children and it is a national scandal.

[Whysshedoingit]

Baroness Steadman-Scott I assure you that every example given by Mumsnet members on this thread are absolutely correct. I know this to be true as I've experienced all of it myself. The real CMS, in practice is a circus of what they WON'T DO rather than what they CAN do.

• Every Operator/Supervisor tells you an entirely different story.
• They all believe whatever the NRP says, despite the fact that the very reason the CMS exists in the first place is due to dishonest NRPs. After all if they were truth tellers then the RP wouldn't have involved the CMS? The RP has to prove any info provided about NRP, however the NRP can say what they like and be believed.
• I've experienced on many occasions by more than a dozen different staff members when I've been promised a call back; they call you then hang up after one very short ring of your phone. So that it looks on the system like they tried to call! They must think I'm stupid. Just proves their attitude!
• The NRP only has to call and 'request' a reduction in payments without any proof and it's allowed, without even informing me.

[carolina21]

Doesn't work in my experience

[Winsomelosesome]

I assume this is meant to be some kind of comedy post but it's failed because the subject matter is not really a good one for laughs when it comes to your child/ren going without.

Agreed. Utterly insulting and misjudged post considering the number of Mumsnetters who's children are left in poverty due the sheer incompetence of this unfit for purpose organisation. I've already taken CMS to tribunal for their incompetence and won, about to head back to court for their ongoing incompetence resulting in me receiving zero maintenance for the next 12 months. Honestly MNHQ what were you thinking?

[Sagradafamiliar]

Any comment HQ?

[Doobydoo]

Wow! My next door neighbour has 6 children from 16 down to 2 years..she gained courage to repirt her partner for terrible crimes against her. He is on bail for the 4th time. He pays NOTHING towards his children. He does,however,have new clothes bought a car and rents privately. We and other neighbours have helped as much as we can..things like food,coal..new battery for her car which is essential as we are rural...... how is this system better?!

[Doobydoo]

I am fecking fuming....

[22WR]

This post is incredibly frustrating. We are constantly reminded of the powers and options that the CMS has available to it. Yet there is little evidence that it applies these to the maximum potential.

My daughters father has never paid any money through the Cms, and there are over £10k owed via 2 separate Liabikity Orders which were granted 3 years ago. Since this date, no action has been taken. Can tell me they can't confirm his address despite me providing this numerous times. Meanwhile arrears continue to accrue and we still receive no money. I have resigned myself to the fact that I will never see a penny of the money owed. Nor will I receive a refund of the original £20 fee I paid to set up the collect and pay service that I have to see any collect or pay service from!

[GGsMumma]

My ex beat me black and blue when our daughter was a tiny babe in arms and as a result of being found guilty in court he lost his job he hasn’t bothered to get a new job and despite being very wealthy with wealthy parents child maintenance options told me to just report him for benefit fraud. Their system is absolutely atrocious and it punishes victims of domestic violence. My daughter has been through so much because her dad is a monster and now all he pays is £7 a week

[SwanNecking]

@RamsayBoltonsConscience ask for his Passport to be surrender seen the OP said they have the power to do this. This will then verify his current address! God the CMS should pay us for doing their job!

[imaflutteringkite]

This post makes me so angry. I've never spoken to the same person, each time I ring they give me different information. My XP changed jobs but they wouldn't look into it until I told them where his new job was. He lives 400 miles away and he is abusive so where they think I'll be able to get that info from I do not know. They eventually changed my payments but didn't bother telling either me or XP so when I rang them about something else I discovered my payments were now in arrears, except they couldn't collect them as XP wasn't replying to their letters.

[Rhinosaurus]

CMS are absolutely rubbish and not fit for purpose.
My partner applied to CMS two years ago for maintenance for one child; the NRP works full time, however works for a relative and lies about how much they earn. We have never heard back from CMS after the initial application.
Maybe it is because the NRP is the mother and not the father. The NRP has not paid a penny maintenance since the child came to live with us.

[Babymamamama]

How do we report this guest post? It seems almost troll ish as it’s so insensitive and triggering to poor women who are suffering. It needs to be taken down. And a more balanced /humble guest post where the Baroness answers questions would be more appropriate on a website for mothers....Mumsnet have you even looked at this? Do you know what’s going on? Are you on the side of mothers?

[MockneyReject]

I have had a more positive experience than most.

Around 6 months ago, I received the letter stating that all historic arrears were to be written off, as my ex husband was untraceable.
I phoned the number on the letter to query it, as I had received similar, 10 years ago, and had long since given up on him and the CSA ever doing right by us and had just got on with raising our son single handedly - physically, emotionally and, of course, financially.
I was advised that I could request that the arrears not be written off. I was also given a figure - I was owed over £20,000. I didn't even know there has ever been any order.

So, after just 5 minutes on FB, I was able to give them his business name, address and phone number, along with photos and quotes from satisfied customers of his second, 'cash in hand' business. Plus photo's of him with his brand new 'mid life crisis' motorbike, work van and car, holidays etc. I have never looked at his FB page before, but have heard of him advising others how to 'beat the CSA', by refusing to confirm or deny their identity and recommending his accountant.

Fast forward 6 months to this week. Out of the blue, 15 years after he left, I received my first payment. £20. I am 50 and our child is
25. So, it won't change the years of struggle, of reduced opportunities nor impeove the present for either of us. I will be dead long before I get what he owes me (which is nowhere near the amount he would have been assessed to pay, had his actual earnings been available over the years).

I havent yet received any information about the £20, how often it's to be paid, or whether it was a one-off! Just a text saying he had paid £20 and to expect it within 3 working days. I suspect he has 'voluntarily' paid the default minimum, to avoid the HRMC delving any further. I'd already been told an attachment of earnings wasn't an option, due to him being self employed. They've obviously scared him somehow, though. This is a man who has hidden, avoided, changed jobs, become self-employed, lied, gloated and boasted about evading his responsibilities for 15 years, but has now made a payment.

So they CAN do it. Please don't just accept the write-off letter. Challenge it. Especially if you and your children are younger. It looks to me like the CMS do actually have more power (or even just more willing!) than the old CSA.

[SecondRow]

Given how often this topic is discussed on MN I am very surprised MNHQ allowed the site to be instrumentalized for such an unhelpful dump-and-run post. I find it very disrespectful to the core users. If the leadership of the CMS couldn't bring themselves to do a genuine Q and A engaging directly with service users, why should Mumsnet give them a platform for this waffle?

[VimFuego101]

They treat RP fathers appallingly, @Rhinosaurus. DH used them to attempt to claim for DSD some years ago (old system CSA). He called them to follow up, gave him the reference number for the account and they refused to discuss anything with him until he gave them a card number to make a payment towards the arrears on that account. Except that the arrears were owed to him/ DSD from the NRP.

I echo the earlier poster who said they'd like to know the number of NRPs who have had passports/ driving licenses revoked. I have never once heard of this being enforced in practise. Looking forward to the OP's return next week to answer some of the many frustrated posters here.

[thetideishigh]

The Baroness' post is incredibly insulting to the intelligence and financial struggles of a great number of Resident Parents.

I am disappointed that MN have allowed it to remain instead of feeding back to the Baroness that it has been found to be misleading propaganda and therefore not permitted.

Until there is the collective will of a government to address the long term poverty inflicted on too many children and their resident parents (the vast majority of whom are women) nothing will change. The scrimping and saving/going without causes issues way beyond the child raising years, too many women are unable to save for their old age because of the financial sacrifices made earlier in their life.

I believe that it is precisely because the resident parents are mostly women that there isn't the will to enforce maintenance payments properly given that the establishment is male dominated with too little grass roots experience of the issue.

Why can't there be a minimum maintenance figure set regardless of current earnings, any shortfall in payment being a NON-CANCELLABLE DEBT owed to the resident parent, this would apply to a great number of individuals currently getting (if they're actually lucky enough to receive it) £5/week. This could act as a disincentive for the non resident parent to be hiding their earnings/job hopping etc until the children were beyond the age of maintenance being relevant. Wouldn't matter if ex-partners said that they were only earning X and maintenance calculated thereon at an inadequate amount if the bare minimum payable is Y, any shortfall getting added to the NON-CANCELLABLE DEBT ledger. Removal of passports for anyone with a child maintenance debt balance as feeding/clothing/housing children is an essential to be funded before deciding if there is any spare money for holidays, no exceptions for "oh but my parents/new partner are paying for the holiday". A life-time of no foreign travel would surely spur many non resident parents to settle the debt. The unpaid element of child maintenance should then also be taken into account when applying for mortgages, if you can't afford to support your kids with the minimum payments then how can you afford bigger mortgage payments ?

With a NON CANCELLABLE DEBT owed to the resident parent, non-resident parents would have a life-long time period in which to settle the debt. If not settled by the time they die it would need to be settled out of any house/savings they hold at the date of death.

The message should be that child maintenance is non-negotiable, there is a minimum cost to raising a child which is not determined by how little you can pretend to be earning. If you don't pay at the time you owe the money and it has to be paid sooner or later. It would undoubtedly help the government towards it's target of reducing the number of individuals living below the poverty line if they did take a rigidly enforceable method of ensuring payment of child maintenance by NRP's to RP's.

Writing off amounts is government sanctioned theft from the RP's to whom that money was owed and condemning them to less financially secure future, but hey, it's mostly women, and all governments just seem to see them as an easy target not liable to put up much resistance against the system.

[lunar1]

Could the OP be a troll post, I've reported just in case it is. I can't see how it can possibly be real!

[mbb1]

Why no reply from MN?

[MissB83]

@thetideishigh excellent post, couldn't agree more.

[MockneyReject]

Yup, everything thetideishigh said.

[NatashaAlianovaRomanova]

You will get a dedicated worker who will oversee your case if it’s particularly complicated. But, in most cases, our trained staff have the right level of understanding and expertise to help you. We regularly train our staff to make sure they are equipped to handle the variety of cases that come their way.

This is an outright lie! I can do the calculation quicker in my head than your staff can do it with the software.

I am a paying parent for 2 children (who live in separate households) & a receiving parent for one child (who shares a paying parent with one of the children I'm a paying parent for - so she has 2 paying parents) the paying parent of the child I'm a receiving parent of has another child to another woman so this child is taken into account as are the 3 children his new wife has with her ex & the 2 children they now have together... so a fairly complicated case by anyone's standards... however my allocated case worker (currently someone called Alex but I've had many others over the years) is never available & I haven't spoken to any of my supposed case workers in the almost 20 years I've been dealing with the CSA/CMS.

As for the overhaul... a rose by any other name springs to mind

[Smotheroffive]

This OP is an insult.

Its literally fairy tales.

Propaganda.

Reading pp I totally agree about the operatives treatment of callers.

The nrps are simply believed, that rps are not.

Different operatives all the time all saying conflicting things.

Is the Baronness the only one who doesn't know how bad the situation really is?

Watching nrps swan off on expensive holidays costing £1000's whilst rp steuggles to buy enough food to feed their dc or resort to food banks.

What do you have to say about all the families you dropped into crisis when csa simply cancelled all its cases?!!! Leaving families in poverty and starving? Or worse homeless?

Rules were changed that left women needing protection exposed.

I cannot get my head around how such nonsense can be posted on here.

Get real fgs.

[Smotheroffive]

Its also very wrong that some families do doubly well when, say, the nrp has left behind his own dc, stepped into another family who nrp father is already paying maintenance, yet the nrp father now has to pay less for his own dc because hes moved in with a family who nrp father is already paying??

Why should that fathers dc get less, just because he has moved into someone home where there are already dc?

So wrong.

The other dc have a father whos.primary financial responsibility they are.

What a twisted system.