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by Munro Research

Child Support (Enforcement) Act 2023


Official Summary

A Bill to make provision about the enforcement of child support maintenance and other maintenance; and for connected purposes

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Overview

The Child Support (Enforcement) Bill aims to improve the enforcement of child maintenance payments in the UK. It does this by clarifying the circumstances under which liability orders can be issued and by providing a right of appeal against such orders.

Description

This bill amends the Child Support Act 1991 and the Child Maintenance and Other Payments Act 2008. Key changes include:

  • Liability Orders: The bill clarifies when the Secretary of State can issue a liability order for unpaid child support maintenance. This is particularly relevant when deduction from earnings orders are inappropriate or ineffective.
  • Variation of Liability Orders: The bill allows for regulations to be made that permit the variation of liability orders, giving flexibility in managing changing circumstances.
  • Appeal Rights: The bill introduces a right of appeal to a court against the making of a liability order. Crucially, the court cannot overturn the original maintenance calculation during the appeal process.
  • Consequential Amendments: The bill makes several consequential amendments to existing legislation to ensure consistency and effectiveness of the changes.

Government Spending

The bill doesn't directly specify any changes to government spending. The impact on government spending will depend on the effectiveness of the changes in encouraging payment of child support and reducing the need for other interventions.

Groups Affected

This bill will affect several groups:

  • Parents who owe child support: They will be subject to more robust enforcement measures, including the potential for liability orders. They also gain a right of appeal against such orders.
  • Parents receiving child support: They may experience improvements in the consistency and timeliness of payments.
  • The Courts: Courts will handle appeals against liability orders.
  • The Secretary of State: The Secretary of State will have altered powers regarding the enforcement of child maintenance payments.

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