Child maintenance is meant to provide stability for those caring for children after separation. But for some survivors of domestic abuse, the system itself can become another way an ex‑partner continues to exert control.
A new joint briefing published by Gingerbread, Surviving Economic Abuse and Women’s Aid raises serious concerns about how the Child Maintenance Service (CMS) is working for survivors of abuse. The CMS is the government body responsible for calculating, collecting and enforcing child maintenance payments where parents do not agree upon their own arrangements.
The briefing highlights how gaps in safeguarding, weak enforcement and complex payment systems can allow coercive control and financial abuse to continue long after separation. Particular risks are identified with Direct Pay, where the CMS calculates maintenance, but parents are left to manage payments between themselves. This may be seen as a better option where the alternative is for the CMS to collect payments but charge a fee for doing so. The reality of Direct Pay can require ongoing contact with an abusive former partner and leave survivors exposed to further harm.
The report also identifies persistent problems where:
- payments are missed, delayed or manipulated
- income is concealed or under‑reported
- parents with care are expected to chase non‑payment themselves
This can leave parents feeling unsupported and, in some cases, re‑exposed to an abusive former partner. It can also lead to significant financial hardship where maintenance is often essential to meet fundamental costs for children and their parents, such as rent, food and utilities. The withholding of child maintenance can also be used tactically for a parent to force compromise on other issues, for example the amount of time the child may spend with them. This potentially exposes children to harm.
Why does this matter for parents?
Reliable child maintenance can make a real difference to everyday life for children. Where enforcement is weak or income is hidden, the burden often falls on the receiving parent, with significant financial and emotional consequences, particularly for those recovering from abuse.
The government has acknowledged concerns about the misuse of legal processes and has announced plans to reform the CMS, including removing Direct Pay and reducing the fees required to access Collect and Pay, where the CMS collects and transfers maintenance payments on behalf of parents. However, these changes are not expected until 2027 or 2028, and the briefing calls for action much sooner.
If you are experiencing difficulties with child maintenance, particularly where there is a history of domestic abuse, early legal advice can help you understand what support and protections may be available. It may also be possible to reach an agreement with the other parent that can be recorded in a Court Order, taking the matter out of the CMS system. In extreme cases there are also legal routes that can be explored to collect arrears in child maintenance provided swift action is taken. Our family team at Stevens and Bolton can assist.
