Recent reporting by the BBC has highlighted cases where parents have had substantial sums taken by the Child Maintenance Service (CMS), which were later found not to be owed. In one reported case, almost £20,000 was deducted from a parent’s bank account despite the underlying arrangement having ended years earlier.
While these cases are not the norm, they raise important points about how the system operates and what practical steps parents can take if there is a dispute.
How can this happen?
The CMS has wide powers to collect and enforce payments. These powers include the ability to:
- Take money directly from wages or bank accounts
- Recover arrears going back many years
- Act where it considers payments have not been made
The issue reported appears to arise where:
- Historical Child Support Agency (CSA) cases have been transferred into the CMS system
- Arrears have been calculated using incomplete or unclear historic records
- Enforcement action has been taken before a dispute has been resolved
In at least some cases, the Department for Work and Pensions (which oversees the CMS) has been unable to explain how certain arrears figures were reached.
Challenging a CMS decision
If a parent believes an assessment is wrong, there is a process to challenge it. However, a key difficulty is that enforcement can continue while a dispute is ongoing. The usual steps are:
- Request a mandatory reconsideration
- If unsuccessful, appeal to an independent tribunal
- In limited cases, pursue further challenge through the courts
Official figures indicate that a significant proportion of decisions are changed when challenged. In 2025, almost a quarter of mandatory reconsiderations resulted in a different outcome. This suggests errors can arise, particularly in complex cases.
What does this mean in practice?
Historic cases can resurface, with liabilities revisited years after a case appears to have ended, particularly where arrangements began under the CSA system.
Documentation is therefore important. Retaining historic correspondence, agreements and decisions can be key in demonstrating that sums are not owed.
If the CMS asserts arrears, it is important to act promptly, engage with the process and seek advice where needed. The CMS can move quickly to recover sums it believes are due, including through direct deductions from wages or bank accounts.
Wider concerns about the system
The cases highlighted by the BBC reflect broader concerns about how the system operates. A House of Lords report in 2025 described the CMS calculation system as “neither fair nor transparent” and called for reform. While the government has indicated that it is reviewing the system, the current framework remains in place.
Our view
The CMS plays an important role in ensuring children receive financial support, and for many families it works as intended. However, where issues arise, the impact can be significant - both financially and emotionally.
From a practical perspective:
- Early advice is often key
- A careful review of the history of the case is essential
- Challenges should be pursued promptly where there is any doubt as to accuracy
If you have any concerns about a CMS assessment or alleged arrears, or would like advice on child maintenance more generally, our family team at Stevens & Bolton would be happy to assist.
You can read the full BBC report here: https://www.bbc.co.uk/news/articles/cq8wjn98y85o
