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TOPIC: Back dated child support.

Back dated child support. 3 years 1 month ago #78097

  • Gav220
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Hi all.
Can my ex wife claim back dated money from me. We have always had an agreement of how much I would pay. We got a divorce and her lawyer has now said I haven't been paying enough money over the last four years ?
Can they make me pay this ?

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Back dated child support. 3 years 1 month ago #78110

In a word, no. IF you don't have a CSA/CMS agreement there's no such thing. THe CMS will only start from the application bit. IF this is the route she's going down I'd advise opening your own application.

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Ive been through it like most on here.

Remember to say "it could be worse" is equitable to telling a happy person they could be happier. People feel what they feel.

I have some knowledge of some stuff.

Back dated child support. 3 years 1 month ago #78116

  • Mojo
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If you have an informal agreement between yourselves then as Twistons says,no she can't.

If the amount you pay was part of the divorce settlement then it can be overridden after 12 months by opening a claim with the CMS. If maintenance is under was made as a court order she could return to court and ask for the amount to be increased. If you wish to avoid this then you can open a case with the CMS yourself to prevent it.

Here's a link to the CMS calculator where you can find out roughly what you should be paying. If you pay an amount into a pension, deduct this from your income amount before inputting it into the calculator.

www.gov.uk/calculate-your-child-maintenance

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Back dated child support. 3 years 1 month ago #78121

Hello Gav220

If there has previously been a legally enforceable arrangement in place, child maintenance may be backdated. If an application were made to the Child Maintenance Service, The paying parent's responsibility to pay starts from around when the Child Maintenance Service contact the paying parent not from when the receiving parent first makes contact with the Child Maintenance Service.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org .

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation .

Regards

William

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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case
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