Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what assessment his Department has made of the effectiveness of requiring lower earning parents to take the other parent to court for child maintenance payments rated on income worth more than £3000 a week.

The Child Maintenance Service (CMS) calculates maintenance using the paying parent’s gross weekly income up to £3,000, ensuring contributions are fair and lower earners are protected through flat or nil rates. Where income exceeds £3,000, the receiving parent can apply to the courts for additional “top-up” maintenance beyond the statutory cap.

The CMS formula was introduced in 2012. At that time, Parliament chose to leave securing additional maintenance assessed on income over the level of a cap set at annual earnings limit of around £156,000 to the family courts, via top-up orders, as income of this magnitude tends to be generated and invested via more complex financial mechanisms than the administrative service is designed to handle. The cap therefore ensures that the statutory scheme remains a simple, administratively efficient formula, and the courts handle bespoke, higher value disputes.

All cases can secure substantial maintenance payments via the existing administrative system, and for the vast majority of cases this will be their only source of maintenance. For the small minority where their former partner has exceptionally high income, the system is designed to ensure that court involvement is available, by limiting that involvement to cases where judicial discretion is genuinely required.