MNHQ here: New child maintenance campaign from Mumsnet, Gingerbread and the Good Law Project

[RowanMumsnet]

Hello

Over the years we’ve seen thousands of Mumsnet users talk about the difficulty of getting child maintenance payments from uncooperative exes - and lots of anger about how the Child Maintenance Service addresses the issue. (Some of you will remember this Guest Post from last year…)

So we’re really pleased to announce that we’ve teamed up with Gingerbread and the Good Law Project on a new campaign to fix the CMS - and specifically, we’re supporting their legal action against the Department for Work and Pensions. To quote Gingerbread:

‘Gingerbread, alongside the Good Law Project and Mumsnet, is supporting four women who have issued a Letter Before Claim to notify the Department for Work and Pensions (DWP) of their intention to seek Judicial Review due to the failure by the CMS to collect child maintenance payments from their children’s non-resident parent, leaving them and their children in financial difficulty and, in some cases, in poverty.’

‘It is a child’s legal right to be supported by both parents, and yet the service designed to protect this right is failing the children. Even before COVID-19, there were already £335 million in unpaid arrears and over 100,000 children across the country not receiving a penny in maintenance. Despite a vast array of enforcement powers, CMS have shown extreme negligence in actually using them, collecting an amount worth less than 10% of what is actually owed. It simply cannot be right that a government service can continually leave children of single parents in poverty without being held accountable.’

‘COVID-19 means this problem is getting worse by the day. CMS are running a skeleton service, meaning they are now as a rule not enforcing payment and are allowing paying parents to reduce or withdraw maintenance payment without any proper evidence. This has already resulted in more single parent families losing out on maintenance payment which quite simply, can be the difference between having food on the table or not. These children deserve better.”

If you’d like to support the campaign on social media, the hashtag is #FixtheCMS and you are very welcome to retweet Mumsnet’s tweet about it here.

We’ll be running a free clinic with Gingerbread next week where you can get advice on any child maintenance issues you’re currently having so please keep your eyes peeled for that and of course we’ll bring you any updates on the campaign.

Thanks
MNHQ

I think the cms do have lots of powers that they never seem to use.
This could be so easily sorted-I support the campaign completely.

There must be many prominent people who have been bought up in poverty who could front this to raise the profile??

While I think the ability to take away passports and/or driving licenses is, on the face of it, a good idea, what happens if the NRP has neither? Or drives but needs to for work?
I guess he could get a job where he doesn't need to drive, but a man who is doing everything he can to avoid paying CM is probably going to use it as an excuse.

Hugely important. Thanks so much for stepping up.

And the 50 50 thing is 🤦🏼‍♀️

Brilliant. Well done.

A Head teacher from Brazil told me that in her country the non-resident parent pays - or they go to prison no hanging about.

She said that payments get made no problem at all!!

CMS should be taken at source like National Insurance and pension contributions, the systems are all in place so it really should not be difficult to do. This is a patriarchy issue. 90% of single parents are women, non payment is a sexist issue which is probably why it is constantly ignored. Add to it the devastation wrought by austerity cuts aimed at mothers and you have a generation of children impoverished by men.

It makes no sense that maintenance is limited for the benefit of high earners, the percentage rule should apply whatever is earned.

NRP's nonsensically get to pay reduced amount if they increase the number of children in their own household.

Disabled children are not recognised by the CMS as requiring anything extra unless they are in the household of the NRP, who then pays even less to the RP!

The CMS have no specialist team to deal with terminal illness (and will not make any notes on records for sensitive/difficult cases even).

The CMS is not fit for purpose.

It's about time something was done about this.
I have twins with my ex partner, he isn't legally allowed to have direct contact with them, due to his abuse.
Because he can't see them he thinks that he shouldn't have to contribute a penny, and has refused to work for the past 3 years.
He claims benefits and I receive around £6.80 a week for both children 🙄
He owes £1000's in arrears from when he was working, which I doubt I'll ever see, given his determination to never work again.
The whole system is a joke and needs a major rehaul.

This is really good news. There's nothing worse than trying to manage on an uncertain income.
The only way to prevent financial abuse is for the State to pay the resident parent, and to then collect from the NRP.

About damn time!

I've now been left with ex's debts "written off" as dd has "aged out" of the system.

And I didn't even have the self employed nonsense to deal with!

My ex was in the armed forces - employed by the govt they knew exactly where he was AND how much he was paid because they were paying him!

Still took csa (as it was then - frankly the name change is meaningless!) over 2 years to pin ex down to even get him to complete and return forms.

When he finally did he learned (or more likely was told by other Nrps he worked with) how to play the system - pay approx every 3 months to prevent the csa from taking punitive measures!

At the time cm was deducted from benefits too so this left my household in serious hardship.

I literally went without food in order to ensure my child ate - while my ex had a brand new suv, latest phone, holidays etc

To add insult to injury the children he was having with what was the ow were providing him with a legitimate (but immoral!) way to reduce his payments further.

The whole system needs overhauled!

NO deductions if they have more dc - they shouldn't BE having more dc if they can't afford to support the ones they are already responsible for!

HIGHER amounts of cm - the amounts at the moment are a joke! Even a pps suggestion of £50 a week is far below the minimum cost of raising a child when ALL costs are taken into account - additional rent, council tax, utilities, food, transport, clothes and shoes, haircuts, school clothes & equipment, recreational/educational equipment for home (books, IT etc)... NO WAY even half of that's only £50 a week!

ENFORCE payments properly - I totally agree that if cm was initially paid by govt and they then had to recover from nrps they'd be a damn sight more on the ball in recovering that money! That said the simplest solution would seem to be for the majority who are PAYE to deduct at source! No muss no fuss. Self employed need cracked down on (not only for cm - how much tax are they not paying by trying to make it look like their earnings are lower?) it's hardly brain surgery to see that someone claiming to be on a low income cannot afford fancy car, tech, holidays, large home in nice area etc it's common bloody sense! The cms have the right and the ability to look at if lifestyle is in line with claimed income - but they don't do it unless you REALLY push for it!

PUNISH NON PAYERS - again the ability is there they just don't bother! Implement the sanctions without long delays - absolutely no reason a non payer should be given more than a month max to pay up! And if they don't - big fines, loss of licence/passport etc SHOULD be happening quickly.

And that's just "off the top of my head" there's loads more needs to be considered:

Supposed 50/50 residency arrangements where the mum is usually STILL covering the majority of costs (eg they're the ones buying all school uniform, books and equipment)

Disabled children - which has been touched upon but they're barely considered. Disability does incur additional costs and this needs to be accounted for

Long distance arrangements - my ex being armed forces meant there soon came a time where we were opposite ends of the country. He was so unreliable that I took on the burden AND cost of transport for Dd to see him for quite some time (eventually there came a point he stopped bothering altogether) - the cost of transport for this FAR outweighed the cm he was SUPPOSED to be paying. It cost ME to support his contact with his dd.

It needs to become socially AND legally unacceptable to not support your child. Zero tolerance on non payment is the only way attitudes and behaviour will change.

Frankly I'd support naming and shaming as a lot of these men CLAIM even to their nearest and dearest that they are paying when they are not.

Certainly was true of my ex, I became aware his parents and new partner/wife had been told and believed he was paying every month and even paying more than he "had to" - I was in a position to prove to them that he wasn't but not everyone can.

I feel fairly confident there are enough of these men who even just the possibility of their non payment becoming public knowledge would motivate them to pay.

If it's a criminal offence not to pay then it becomes a matter of public record I believe?

As I say I feel confident this would sort a lot of non payment out.

Great there's finally a campaign on the matter I'll be writing to my MP too.

Not only did they not collect anything from my ex but they sent me a bill for their services then threatened to take me to court when I refused to pay.

Delighted to see MN is involved in this campaign.

I really hope the campaign succeeds, I'm another woman whose ex used every delaying and avoidance technique available to him to dodge paying for his child. The CMS only took action after I got my MP involved, then they couldn't be more helpful and managed to set up a deduction of earnings order within a couple of weeks. He now job hops, every time they set up a new order he moves jobs and it takes another couple of months for a new one.

There are already powers to take driving licenses, take passports and send non payers to jail but I believe they have never used. I agree with a PP that we need to make non payment socially unacceptable.

I've watched Judge Judy so have seen the different way that child support is viewed in the USA.

I expect a backlash from fathers for justice and other men's rights activists and wonder if they have more influence than women campaigining.

Well done, Mumsnet. The stories on here of fathers intentionally pushing their own children into poverty have shocked me.

It's a good start, hopefully leading to legal minimum amounts for maintenance (£7 a week is a joke), sharing of childcare costs during early years, closing the loopholes of self-employment, etc.

Totally support this.

Fed up of the CMS failing so many children. Rarely using their powers.

Such a frustrating situation.

What's also frustrating is they get to drop payments if they move in with there girlfriend who has children in theory those children have their dad paying for them plus now someone else's dad paying for them while your child has one parent paying for everything and their dad paying a reduced amount? It makes no sense to have two men paying for one child make them financially responsible for their child only and if they choose to move in with someone with kids tough titty

Outstanding news and exactly the sort of campaign that is needed, especially given the disproportionate impact of the economic shock of COVID19 on families.

I'm owed £4000.

I gave up chasing CMS years ago, they refuse to use any of the punishments that they have. Ex isn't around for DC either. Which is great because he was abusive to me.

I've just had a random payment, and they've deducted money from it as they had to take it from his wages. WHY am I paying a fee to have it collected when he is the one doing all he can to avoid paying?

The last time CMS caught up with him, he went back on the dole, and then I stopped getting payments.

In 4 years I've had 5 random payments of differing amounts with no explanation.

Fantastic news! I’ve already been to see my MP regarding my case! Points being:

1. Working while claiming benefits - it’s up to you NOT the IR or CMS to declare benefit fraud. Why? When you do nothing is done about it.
2. A Collect fee is still administrative even on the lowest collection. Flat deduction of £7 per week regardless of how many children then your 4% is taken off the £7.
3. Non collection or written off arrears - this is done without your permission and usually informed via letter. This is technically legalised theft from children. Why should the NRP get away with non payment? Would HMRC be happy for its entire debt written off? I think not so unfair to presume RP’s will be that have gone without food/clothing so their children don’t have to.
4. Self employment is THE biggest scam ever! Nil rate assessment for the first year - so, if I decided to become self employed would that mean I don’t as a RP have to financially support my children? Erm... nope! I’d still have to do so on less money so why isn’t equality being applied here? It’s actually discrimination if you think about it...
5. Too many changes with caseworkers - I have a different one each time I contact them, hardly provides consistency if each new caseworker gives a fresh change to the non payers.

I’m currently owed around £5k from an old case and current case and not holding my breath. It’s a sad situation that is failing children - most people actually forget the money is for the children...

Fabulous to see this taking place! My ex left when my eldest was 5 and youngest 2, I am still awaiting any maintenance payments! I went through the independent case examiner and still got nowhere at all. As soon as they locate the ex he leaves his job. I think at last look he owed approx £15k. The CMS asked if I wanted to write off the debt owing, I most certainly do not. I have raised both children alone with no support for 13 years now. I think the service is a joke, it's utterly disgusting that someone can simply walk away and not provide any financial support to their own children.

100% this is what MN should be campaigning on. Well done.

The system needs a complete overhaul and it to become as socially unacceptable not to pay as drink driving. And the receiving parent should not lose 4% to enforce the non paying parent to pay.

Thank you for getting involved in this campaign.
The system is not fit for purpose. It needs to be completely rebuilt on the premise that if you have a child, you pay to support them. Simple as that.

about fucking time. The system is a joke and has definitely got worse since the cms took over from csa. It takes far longer for them to take any action. The whole system is set up to discourage RPs from claiming maintenance and letting nrps get away without paying. I agree the only way to avoid abuse is for maintenance to be paid by the government and then claimed back from NRPs.

I remember the CSA used to have the power to take non payers to court, confiscate driving licences, passports etc and even prison as a last resort because they threatened my dds dad with it and he ended up paying regularly for about 8 years after that. The CMS don't even seem to care about taking any enforcement action at all. Neither of my ex's now pays a penny for the kids.