For most, family is more important than anything, and the relationships we have with close family members have a significant effect on our happiness and wellbeing.
Unfortunately, however, this also means that when these relationships go wrong, the impact can be devastating, and many people can find themselves in need of legal assistance to resolve the issues that have arisen.
At Scullion LAW, our highly experienced Family Law Experts care about your wellbeing and your future, and will always provide you with clear and uncomplicated legal advice in a positive and friendly manner.
This is particularly important when children are involved. Issues involving children are one of the most sensitive areas of Family Law but are unfortunately a common area of dispute between separating parents, especially when it comes to Contact and Residence and Child Maintenance.
Reaching Agreement on Child Maintenance
The Government believes that it is best for all concerned if separated parents can reach agreement between themselves on the amount of Child Maintenance to be paid, and provides some support to help parents do this, for example through its Child Maintenance Options Service. However, it recognises that not all parents will be able to come to a voluntary arrangement, and therefore a statutory fall-back is in place in the form of the Child Maintenance Service (CMS).
Improving CMS Enforcement
The CMS is the statutory body responsible for ensuring that parents are meeting their responsibilities towards their children. It was established in 2012 to replace the Child Support Agency (CSA), whose operations had been subject to extensive criticism.
The CMS has itself been the target of some criticism for not doing more to enforce the maintenance obligations it puts in place. The Government is therefore currently consulting on proposed new powers for the CMS to help it more effectively take action against parents who don’t pay the child maintenance they owe. These include:
- removing passports – parents who persistently do not pay the child maintenance they owe could face being banned from holding or obtaining a UK passport for up to two years;
- improved calculations – income from capital, foreign income, notional income from assets and unearned income could all be taken into account when the CMS works out how much maintenance a parent owes; and
- deductions from business accounts – the CMS could seize funds from sole trader and partnership accounts to pay off a parent’s unpaid maintenance bill.
The consultation also outlines proposals to address historic unpaid child maintenance built up under the old CSA, and options for writing it off. New analysis shows that it would cost the Government £1.5 billion to collect the debt, most of which is owed on CSA cases where the children are now adults.
The consultation opened on 14th December 2017 and is scheduled to close on 8th February next year.
Call our Family Law Specialists in Glasgow & Hamilton Today
If you think you may be in need of Family Law advice on issues involving children, or on any other area of family law, then make an appointment with Scullion LAW as soon as you can. That way we can start working with you towards a successful solution. We will guide and support you every step of the way, protecting you and your children’s best interests throughout.
At Scullion LAW, we are dedicated to delivering superior client care, so you can be sure you are in capable hands. Our warm, approachable team is here to provide swift and effective legal solutions to your family law matters, including Divorce, Separation and Child Law. Please see our Family LAW Services page for more information.
Call us at our offices in Glasgow and Hamilton today on 0141 413 4211 or fill out our online form and we will be happy to call you back shortly.
The post Government Consults on New Child Maintenance Enforcement Powers appeared first on Scullion Law.
from Scullion Law https://scullionlaw.com/government-consults-new-child-maintenance-enforcement-powers/
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