-Kate Smith, Project Support Officer
Economic abuse is now legally recognised as a form of domestic abuse under the Domestic Abuse Act.
Yet, despite this legal recognition, it remains one of the least understood aspects of abuse.
Economic abuse occurs when a partner or ex-partner exerts control over finances, restricting access to money, employment, or the essentials needed for independence. A frequently overlooked yet highly damaging form of economic abuse occurs through the manipulation of child maintenance.
Child Maintenance: A Basic Right, Not an Extra
Both parents are legally responsible for the financial costs of raising their children, even if they are no longer together. Yet, child maintenance is often viewed as an ‘extra’ rather than a fundamental necessity. It ensures that children have access to basic needs such as food, clothing, housing, and education.
Neglecting these financial responsibilities can have severe consequences. In the UK, child neglect is legally defined as the persistent failure to meet a child’s basic physical and psychological needs, which can seriously impact their health and development. When a parent refuses to pay child maintenance, they are not just avoiding financial obligations; they are actively putting their child at risk.
The Child Maintenance (Domestic Abuse) Act: A Step in the Right Direction
In 2023, the introduction of the Child Maintenance (Domestic Abuse) Act aimed to address the issue of non-payment by strengthening enforcement powers through the Child Maintenance Service (CMS). The CMS now has the authority to enforce payments through their Collect and Pay service. However, despite these changes, the system remains deeply flawed.
This startling statistic highlights this failure: even after the Act’s introduction, 42% of children covered by a Collect and Pay arrangement received no payments in the quarter ending June 2024. Which means that nearly half of children entitled to financial support are still being let down by the system.
The Reality
As someone working within Welsh Women’s Aid and a survivor of domestic abuse myself, I have firsthand experience of the additional burden placed on survivors when trying to navigate the Child Maintenance Service. Leaving an abusive relationship is often seen as the moment when the danger ends. However, we know that financial control and coercion frequently continue long after separation.
When I became a front-line worker in 2019, I struggled to find specific training that related to Economic Abuse and the CMS, so I relied on my own experience and knowledge to support survivors.
For many survivors, trying to access the child maintenance is a battle in itself, one filled with bureaucratic hurdles, long phone calls, emotional exhaustion, evidence to prove yourself, and often, a lack of support.
Personally, I felt incredibly alone in this process, with no clear guidance on how to ensure the CMS held non-paying perpetrators accountable.
Pushing for Change: The ‘Fix the CMS’ Report and New Resources
In November 2024, Gingerbread and Surviving Economic Abuse released the ‘Fix the CMS’ report, highlighting the many ways in which the system continues to fail survivors and their children. This report spurred me on to create a practical, survivor-led guide to navigating the CMS.
This guide was created from lived experience, knowing firsthand what survivors need when dealing with a system that often feels stacked against them. It provides clear, easy-to-understand steps and outlines the measures that the CMS can take to ensure non-paying perpetrators are held accountable.
A Message to Survivors
To every survivor navigating the Child Maintenance Service: you are not alone. There is support available, and your children deserve the financial stability that both parents are legally obligated to provide.
I hope this guide empowers you with the knowledge and confidence to challenge non-payment and ensure your children receive the support they need. Economic abuse should never be allowed to continue post-separation, and we must keep pushing for a fairer system.
If you have any queries related to our guidance or the Child Maintenance Service, please email [email protected]
If you or anyone you know needs support, help is available to you now. The Live Fear Free Helpline can provide confidential advice or support around domestic abuse, sexual violence or violence against women. It is available 24/7, 7 days a week. Call 0808 80 10 800, text 07860077333 or email [email protected]. You can also access the Live Fear Free Helpline online chat by heading to: https://www.gov.wales/live-fear-free/contact-live-fear-free.
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