Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether a justice of the peace is required to issue a summons before the Child Maintenance Service makes an application for a liability order.

The Child Maintenance Service (CMS) does not require a justice of the peace to issue a summons before making an application for a liability order.

When seeking a liability order, the CMS writes directly to the paying parent to inform them of the intention to apply. This communication includes the outstanding debt amount, along with the court location and the date of the hearing.

Use of such powers may have an impact on a parent’s future ability to pay. These powers are therefore only used in circumstances where the CMS believes the parent can pay but is refusing to do so. In such circumstances these powers will have a deterrent effect and as such the numbers are expected to be low.

The CMS is committed to using these powers fairly and in the best interests of children and separated families.