Child Support (Enforcement) Act 2023
| Jurisdiction | UK Non-devolved |
| Citation | 2023 c. 35 |
Child Support (Enforcement) Act 2023
2023 Chapter 35
An Act to make provision about the enforcement of child support maintenance and other maintenance; and for connected purposes.
[20 July 2023]
e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Interpretation
In this Act—
“the 1991 Act” means the Child Support Act 1991;
2 Making of liability order
In section 32M of the 1991 Act (as inserted by section 25 of the 2008 Act) (liability orders), for subsection (1) substitute—
(1) Where it appears to the Secretary of State that—
(a)
(a) a person has failed to pay an amount of child support maintenance, and
(b)
(b) either—
(i) it is inappropriate to make a deduction from earnings order against the person (because, for example, the person is not employed), or
(ii) although a deduction from earnings order has been made against the person, it has proved ineffective as a means of securing that payments are made in accordance with the maintenance calculation in question,
the Secretary of State may make an order in respect of that amount against the person.”
3 Power to vary liability order
In section 32N of the 1991 Act (as inserted by section 25 of the 2008 Act) (regulations about liability orders), in subsection (2), after paragraph (b) insert—
“(ba)
“(ba) make provision for the variation of a liability order;”.
4 Appeal of liability order
(1) The 1991 Act is amended in accordance with subsections (2) to (4).
(2) In section 32N (as inserted by section 25 of the 2008 Act) (regulations about liability orders), after subsection (2) insert—
(3) The Secretary of State must by regulations make provision for a person against whom a liability order is made to have a right to appeal to a court against the making of the order.
(4) On an appeal under regulations under subsection (3), the court must not question the maintenance calculation by reference to which the order was made.
(5) Regulations under subsection (3) may include—
(a)
(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;
(b)
(b) provision with respect to the powers of the court to which the appeal under...
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