Hi all,
my ex and I have had a mutual agreement for maintenance which has varied due to children becoming 18 and for covering laptop payments etc etc
it’s always been discussed and paid every month without fail.
Now my ex wants a review using the calculator system which I have agreed to and given her all the ish has requested.
she has sent me a text asking for backdated lump sum claiming she owed it! We had an agreement for over 4.5 years which she has never questioned. Which we agreed to do from the moment we seperated.
she has indicated she is aware she can get this lump sum from other avenues? Unless I agree to pay her the lump sum to cover what she now feels she was underpayed even though we have agreed every time and not one payment has been missed.
it almost feels like a blackmail text !!
I know the csa will only backdate from point of claim which in this instance is this week.
Should I be looking for solicitors advise ?
thanks in advance
Hi,
I think in this Situation you may be better off paying the £20 fee and opening a CMS case for yourself as a paying parent. I understand some people can take it to court for financial provision, and they can get a maintenance order, which usually lasts 12 months. But if you open CMS case before ex takes legal route, there is a chance they will throw out the application, as CMS is already taking care of child maintenance payments.
Agree with what Bill said
I agree with Bill, once a CMS arrangement is in place, with few exceptions (eg disability/special care), the courts don't override the CMS order