Hi I’m hoping to get some information. For the last 5 years myself and my ex have had an agreement for child maintenance it has been an amicable arrangement.
until yesterday when out of the blue I get texts saying she wants to contact csa!
The main reason is I was paying for two children until my eldest stopped full time education and started full time employment about just over a year ago. She now plans on going back to full time education in September. Which she asked me about re starting to pay maintenance for her again. I did say it’s no plug I wanted to double check myself.
I even went on the gov maintenance calculator to get the correct amount.
my question is because we have always had a amicable verbal agreement which she agreed to the monthly payment amount can I be liable for back payments on what would be the official amount if she’d gone through csa in the beginning?
thsnks in advance
no CMS will not back-date payments. if your ex were to open a case with CMS next week, then CMS would work out a payment plan for you, with first payment starting end of april or May most likely.
@bill337 thank you
do you know how Annual unearned income is added is it the full gross amount is added onto of my wage or as I have read only 8% of the gross amount is added to the top of my wage then put into the maintenance calculator?
info on unearned income: https://www.nidirect.gov.uk/articles/other-financial-commitments-child-maintenance-cases
up until now, if unearned income is to be added on top of your annual gross income, either you would have to declare it to CMS, or your ex would have to ask CMS for a variation and supply some evidence. CMS are now in process of changing the law, so they automatically get all unearned income information when they do annual reviews.
lot of info on CMS and their calculations: https://www.gov.uk/government/publications/how-we-work-out-child-maintenance/how-we-work-out-child-maintenance