Emma Gill analyses the purpose and pitfalls of the Child Maintenance Service in Family Law journal

    Following the May 2017 release of the Commons Work and Pensions Committee’s report on the Child Maintenance Service (CMS), Head of Manchester Office Emma Gill penned a thorough analysis of the government agency established to assess, pay and enforce child maintenance.

    In ‘Trapped in the million pound pad: self-determination, children’s rights and relying on a child maintenance cheat’, Emma traces the origins of the CMS, explains the methods employed by parents to cheat their way out of making payments, and sets out the changes necessary to ensure that children’s needs are being met.

    Emma argues that “in the pursuit of simplicity the real focus of the CMS has been lost”. As a result, the process meant to ensure that financial support is made available to children is riddled with loopholes, allowing some parents to shirk their financial obligations.

    Elaborating on the various ways that children of wealthy parents can be perpetually left without support, Emma sets out the type of assets and income that the CMS does not take into account, explains the shared care presumption and the court’s limitations in terms of topping-up maintenance payments.

    The article can be read in full in September’s edition of leading legal journal Family Law. Subscribers can access a digital version of the article here.