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Can they force a back payment for a private agreement?

 
(@samstills)
Active Member Registered

Hi All,

I use to get on well with my ex and we decided we would use the CMS online calculator to calculate the monthly payments I would make. I have sent her money every month apart from a couple of months where I was out of work.

I have financially struggled at times and had to borrow money off family and friends so I haven't always informed her of any pay increases I have recieved at work. I am wandering if she were to go through CMS if they would force back payments at all since it was a private agreement between us and CMS was not involved in any way?

There is a growning situation which I want to fight her on but my concern is she will end up going through CMS if she loses. Doe's anyone have any experience with this?

Thanks

Quote
Topic starter Posted : 04/05/2021 3:51 pm
(@bill337)
Illustrious Member

hi,

if your ex were to sign up to CMS, they will not make you do back-dated payments before the join date. I would suggest to keep the arrangements private as much as possible. With CMS, they will make you pay more when you get pay rise, bonus or do over-time.

ReplyQuote
Posted : 04/05/2021 3:59 pm
(@warwickshire1)
Prominent Member Registered

CMS only start claims from date your ex decides to get in touch with them. I would try and have another chat with ex to see if u can resolve though. A private arrangement is much better than cms being involved

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Posted : 04/05/2021 4:59 pm
(@samstills)
Active Member Registered

Thank you all for your input, the current situation is not about child maintenance but a deed poll request which I now feel more comfortable challenging knowing she can't decide to go through CMS to try and get back at me for it.

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Topic starter Posted : 04/05/2021 7:26 pm
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