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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

This bill aims to improve the enforcement of child support payments in England, Wales, and Scotland. It makes changes to existing legislation, allowing for more flexible enforcement methods and providing a right of appeal against liability orders.

Description

The Child Support (Enforcement) Bill modifies the Child Support Act 1991 and the Child Maintenance and Other Payments Act 2008. Key changes include:

  • Revised Liability Orders: The bill alters the conditions under which a liability order (for unpaid child support) can be issued. It allows for orders even when deduction from earnings is inappropriate or ineffective.
  • Power to Vary Liability Orders: The Secretary of State gains the power to vary existing liability orders as needed.
  • Right of Appeal: The bill introduces a right of appeal to a court against the imposition of a liability order. However, the court cannot challenge the original child support calculation itself.
  • 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 changes to government spending. The impact on government spending is likely to be indirect, potentially affecting costs associated with child support enforcement and legal processes related to appeals.

Groups Affected

  • Parents who owe child support: This bill may affect them through the increased enforcement powers and the introduction of the right to appeal.
  • Parents receiving child support: This bill could potentially benefit them through improved enforcement of payments.
  • The Courts: The bill increases their workload due to appeals and the processing of varied liability orders.
  • The Department for Work and Pensions (DWP): The DWP will have responsibilities in implementing the new regulations and processes.

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