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My ex and I split up in 2010, and she immediately got CSA involved- after taking my then 2 young kids away with her.
A very expensive Child access case aside - she threatened to never let me see the kids again! - i started paying child support to her directly. This was calculated by CSA based on my salary at that time (£540 per month). I have also.paid for additional things over the years, clothes, uniforms, dental treatment, driving lessons for my eldest etc etc.
** My salary has gone up.since 2010 and fluctuated but the amount has never been adjusted. I just pay her the same.amount by standing order monthly. After almost losing my job in Feb 2024, I now only work.part time.so.my salary is much lower.
Current situation:
I've told the ex i will now be reducing the child support payments to.cover for my son only - he's now 17 and started A levels. She of course is not happy and has threatened to go back to CMS to get backdated pay ' which sulhe insists is.close to £30,000.
Question: As she originally applied to CSA who then set the monthly payment in 2010, can she go back to what's now CMS and make a case to get backdated pay from me?
Hi,
has the CMS case been open ever since 2010?
Hi
As far as I know yes. I only ever got that one letter in 2010 stating how much to pay. I never heard anything since then.
@dadhsa you should call CMS on Monday to report your change in income/part time hours. they will likely ask you to send 3 months of payslips to them. I doubt they will backdate payments if you have not done anything wrong and have been following their payment plan and paying anything on top.
Thanks for the heads up. Much appreciated!
My only worry is that by alerting the CMS it could trigger the ex to try and make the backdated claim. I thought it best not to tell them anything and just reduce the payments accordingly. What do you think?
@dadhsa I don't think it's good idea to ignore CMS. as you have a case open, you should be making payments according to their guidelines. if you don't contact them and just lower payments, she will go to CMS and may tell them you have not been paying correct amount, then they will likely go for enforcement action and hit you with extra 20% charge on each payment.
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