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Written question asked by Andrew Snowden (Conservative) on Thursday, 25 June 2026, in the House of Commons. It was due for an answer on Monday, 29 June 2026. It was answered by Andrew Western (Labour) on Friday, 3 July 2026 on behalf of the Department for Work and Pensions.

Children: Maintenance

Question

To ask the Secretary of State for Work and Pensions, what discussions he has had with the Secretary of State for Justice on the interaction between child maintenance rules and family court child arrangement orders.

Answer

The Child Maintenance Service (CMS) is limited to calculating, collecting and enforcing child maintenance payments. Decisions about child care or access arrangements, including where a child lives and the time they spend with each parent, are a matter for parents or, where necessary, the family courts.

The CMS determines the amount of overnight care actually being given by each parent, and ensures that it is reflected in the maintenance calculation.

Where shared care arrangements are disputed, the CMS will seek to collect evidence from parents to establish the actual level of care being given. Acceptable evidence can include a current court order but can also include; a formal written agreement such as one drawn up by a solicitor, or other official documentation such as reports from Social Services or CAFCASS. This approach ensures that decisions are based on clear and verifiable information so that maintenance calculations are fair, consistent, and reflect the care actually being provided.

DWP is working in partnership with the Ministry of Justice to ensure our respective services are aligned and complementary.

Secondary information

Type
Written question
Reference
13271
Session
2026-27
Subjects
Children Family courts Maintenance Child arrangements orders
Link
View this Written question on www.parliament.uk