Child Maintenance Service legal enforcement policy: FOI release

Information requested

From the following webpage (https://www.mygov.scot/child-maintenance) I would like to request the following information in order to clarify what is published on the Scottish Government Child Maintenance Service website.

1. As stated on the website, the Scottish Government Child Maintenance Service can legally enforce an amount of child maintenance. What is the maximum amount the Scottish Government CMS can enforce as a percentage of gross earnings for 2 dependant children, on the basis the paying parent earns less than £1,000 per week?

2. The Scottish Government CMS child maintenance calculator states a maximum of 16% of gross income for the paying parent of 2 dependant children. Under what grounds does the Scottish Government CMS have the power to increase this level above 16% on the basis the paying parent
earns less than £1,000 per week, and what is the maximum level the Scottish Government CMS can enforce legally?

3. As stated on the website, the Scottish Government CMS has the power to obtain child maintenance as an arrestment of wages. What is the maximum amount the Scottish Government CMS can arrest as a percentage of gross earnings on the basis the paying parent earns less than £1,000 per week?

4. The Scottish Government CMS arrested wages, what is the minimum amount the paying parent must be left to house, cloth and feed himself as not to be in breach of the paying parents human rights?

5. For Court Orders made in the EU, enforced in Scotland, that do not comply with Scottish child maintenance policy. What is the maximum amount the Scottish Government CMS can enforce as a percentage of gross earnings on the basis the paying parent earns less than £1,000 per week?

6. For Court Orders made in the EU and enforced in Scotland, that do not comply with Scottish child maintenance policy, do clarifications 1 to 4 above remain valid?

Response

1/4. While our aim is to provide information whenever possible, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

The reason why we don't have the information is that child maintenance is reserved to the UK Parliament and is the responsibility of the UK Government’s Department for Work and Pensions.

However, you may wish to contact the Department for Work and Pensions who may be able to help you. The Information Commissioner’s Office has published information about requesting information from a public body.

5. Enforcement of court orders for child maintenance made in other countries does not involve the CMS. The rules for recognition and enforcement of court orders made in EU countries are set out in the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance or Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

6. As explained at question 5, enforcement of court orders for child maintenance made in other countries does not involve the CMS. The rules for recognition and enforcement of court orders made in EU countries are set out in the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance or Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

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