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Showing posts with the label CMS arrears

Can You Sue the Child Maintenance Service? (UK Legal Options Explained)

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Introduction Many Paying Parents ask the same question: Can I sue the Child Maintenance Service (CMS)? This usually arises where individuals believe they have suffered: incorrect or disputed arrears aggressive enforcement action financial loss or hardship or long-term stress caused by CMS decisions The answer is not straightforward . In most cases, you cannot simply sue the CMS like a private company . However, there are legal routes available to challenge decisions and, in limited circumstances, seek compensation. What Is the CMS? The Child Maintenance Service is part of the Department for Work and Pensions . It is responsible for: calculating child maintenance collecting payments enforcing arrears Because it is a public body , different legal rules apply compared to private disputes. Why You Cannot Usually “Sue” CMS Directly Public bodies are protected by administrative law principles. This means: You cannot normally bring a standard civil claim just because you disagree with a deci...

What Happens at a CMS Liability Order Hearing in the UK?

  If you fall into arrears with the Child Maintenance Service (CMS), the case can escalate to court. This usually takes the form of a liability order hearing . But many people ask: 👉 What actually happens at a CMS liability order hearing? 👉 Can the court check if the arrears are correct? Understanding this process is critical—because it highlights how enforcement and disputes operate separately within the system . What Is a CMS Liability Order? A liability order is a legal step that allows the CMS to: formally recognise a debt as payable pursue stronger enforcement action apply for measures such as: bailiffs charging orders further court-based enforcement Once granted, it significantly increases the CMS’s ability to recover arrears. What Happens at the Hearing? A liability order hearing usually takes place in the magistrates’ court . At the hearing: The CMS presents the amount it says is owed The court considers whether: the amount has been ca...

Was Collect and Pay a Target-Driven System?

  Introduction The official UK government guidance explains how the Child Maintenance Service operates, including the role of Direct Pay and Collect and Pay in managing cases. This framework presents Collect and Pay as a mechanism used where necessary, particularly in cases of non-compliance. The Child Maintenance Service (CMS) is presented as a system designed to ensure that children receive financial support, with enforcement powers used where necessary. The official UK government guidance explains how the Child Maintenance Service operates, including the role of Direct Pay and Collect and Pay in managing cases. However, questions have emerged about whether certain aspects of the system—particularly Collect and Pay —were shaped not just by individual case needs, but by operational targets and financial considerations . Many parents searching for whether the CMS can force them onto Collect and Pay are trying to understand how and why these decisions are made. 🎯 Internal Operati...

The £4 Billion Lie

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How the State and Gingerbread Framed Innocent Parents As Deadbeat Dads UK Parliament – Palace of Westminster, home of the Work and Pensions Select Committee and the Public Accounts Committee that examined Child Support Agency arrears. For more than thirty years, the British Government and its favoured charity partner, Gingerbread , have cast one group of citizens as villains: the Non  Resident Parent . Labelled “deadbeat dads,” they’ve been accused of failing their children. Behind that slogan lies a manufactured scandal — a fictitious debt worth billions, created by the Child Support Agency (CSA)  on the 1993 -2003 child support schemes and continues to be collected by the Child Maintenance Service (CMS). The Henshaw Report (2006): The Warning They Ignored In 2006, the Government commissioned Sir David Henshaw to review the failing Child Support Agency. His report, Recovering Child Support – Routes to Responsibility , was blunt: “The Agency has not delivered agai...