Hi
I'll keep this short and sweet in the hope people wont get bored and not read/advise! 🙂
I agreed an amount of £125 per month around 3 or 4 years a go in Child Maintenance for my 5 year old daughter. This was a verbally agreed amount between me and my ex - I've never increased or decreased this amount regardless of my wage increases
If my ex decided to be a little naughty and ring CSA and say I've underpaid her all these years - can they make me back pay all the money? Even though we did agree a figure... Will they even ask for my side of the story or will they just do a deduction on earnings straight away?
I dont have any proof that we agreed this figure - just the fact that I paid £125 every month and it hasnt changed for 3-4 years and shes never complained (I'm afraid you guys will have to take my word for it that we agreed this figure and it wasnt based on any CSA calculator!)
Thanks for your help - its really appreciated
Hi,
Sounds like you currently have a voluntary agreement with your ex.
In that case if she opened a claim now, the case will be on the Child Maintenance Service (CMS) scheme.
Under this scheme, the case will usually (in almost all cases) start out from the date you are first notified of a claim against you (i.e. soon after she lodges the claim).
They will not usually hit you with back payment of arrears.
Hi,
Sounds like you currently have a voluntary agreement with your ex.
In that case if she opened a claim now, the case will be on the Child Maintenance Service (CMS) scheme.Under this scheme, the case will usually (in almost all cases) start out from the date you are first notified of a claim against you (i.e. soon after she lodges the claim).
They will not usually hit you with back payment of arrears.
Ah excellent 🙂 That's a weight off my shoulders
Thank you for the input
Hi there
If it was a private arrangement and not through the CSA I don't think they can do anything about it.
Perhaps it might be time to recalculate the payments you are making, a small increase might just preempt any suspicions she may have and keep things ticking over for another couple of years.
I would do a fresh CSA calculation just to see what the situation is. There had been new legislation regarding child maintenance which came into effect in December 2012 ....here's a link to the calculator
www.gov.uk/calculate-your-child-maintenance
I would advise that you pay maintenance through a standing order and reference the payment as "child maintenance payment" that way you have proof that you are making regular payments.
Hello DiscreetUsername
With you having a family-based arrangement in place you may wish to speak to your ex-partner regarding the amount the amount of maintenance you pay. Family-based arrangements are not legally enforceable and there are no strict rules or formulas to stick to when calculating child maintenance. Therefore parents can decide the terms of their agreement to suit their current circumstances.
The Child Maintenance Options website has a useful tools and guides section that you and the other parent may find helpful when trying to negotiate your family-based arrangement. This can be found at http://www.cmoptions.org. This includes the online calculator that provides an indication on how much maintenance may be payable if an application were made via the Child Maintenance Service.
Your responsibility to pay would start from around the point the Child Maintenance Service contacts you, not from when your ex-partner first makes contact the Child Maintenance Service. The Child Maintenance Service works out child maintenance using the paying parent's gross income, which is income before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away. In most cases this gross income figure comes from information given to HM Revenue & Customs by the paying parent, their employer or a third-party such as an accountant.
I have included a link on how the Child Maintenance Service calculates maintenance, if you would like further information on this https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.
For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website.
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