I was divorced in 2007 after a 5 year marriage (including 2 years separated). We have a 5 year old child and I'm the resident parent.
My ex has been very lax in paying maintenance, for a long time we got nothing and then £9 a week which has now stopped. My main question is would we be entitled to back payments for maintenance not received in the past?
(S.F, 18 February 2009)
A.
This will depend on whether or not you have already contacted the Child Support Agency. Although you have mentioned 'maintenance' in your question, this can be by agreement or by court order so I will answer as though firstly you have put in a claim with the CSA, and secondly as though you haven’t already put in a claim.
If You Have Made a Claim Through The CSA
You mention that for a long time you received nothing, but this then changed to £9 a week. If this payment of £9 per week was facilitated through the Child Support Agency, i.e. you have already put in a claim for maintenance, you will be entitled to claim arrears back to the date on which the CSA first contacted your ex-husband.
The CSA can take a long time to process claims and to calculate how much money a non-resident parent should pay, and this could mean that your ex-husband suddenly receives a large bill. If he thought that it was unfair he would be able to challenge it. However, once the CSA are involved in a child support case, they almost never write off the arrears. Your husband could go bankrupt and would still owe his child support arrears.
If You Have Not Made a Claim Through The CSA
If your husband has been very lax about paying voluntary child support, my advice to you would be to contact the CSA as soon as possible. Unfortunately, the CSA cannot recoup payments that your ex husband promised to pay you in the past under a voluntary or informal arrangement.
However, you may be able to take civil legal action against your ex husband to try to recover the missed payments through the courts.
If your ex husband was ordered to pay maintenance as part of your divorce settlement and he has now stopped paying under this agreement, this can have very serious consequences for him (as he’s flouting a court order.) If this is the case you should consult your family law solicitor as you may need to go back to court.
Wanted to start claiming maitainence from ex husband for x 2 children.
Gem - 4 February 2012 @ 10:39 AM
I'm writing on behalf of my husband. He used to see his son regulary on weekends when he was five. Until then he was still in the relationship so seeing his son was no problem. However some weekends he would turn up at the grandparents house as arranged to pick up his son and the mother had decided he wasn't going to see him that weekend and never informed my husband. There was times when my husband hadn't got his maintenence to pay but he had used to make it up the next week by paying double, so the payments were still paid. However the mother kept messing my husband about more often, so he would turn up and his son wasn't there. Then after a few months of messing him about she dissappeared with his son. As an attempt to see his son my husband aproached his school only to be told she had moved his school a few months ago. Then eventually he couldn't even try and get to see him through her parents as they had moved as well. His son is about 16 now and he hasn't been able to see him since he was 5. We have had years of attachments of earnings leaving us pennyless, which isnt good when we are trying to provide for our three children. We eventually found a solicitor who got the attachment of earnings taken off, but we now have to pay 140 pound a month to marstons (csa bayliefs). However we discovered about a year ago that his former wife had an affair with his brother around about the time his son was concieved.Therefore my husband wants to do a dna test to prove whether he is his son or not. Is there a way we can get the csa to do this or not. It will have to be the csa as no one else knows where they live. Also why is the mother using her maiden name but she had has stripped her son of his orriginal names and instead of giving her son her maiden name she has given him a totally different name. Can she get him adopted without my husbands consent and how can we find out if she has, as if she has then csa have no right chasing my husband as he is no longer my husbands responsiblity. please can anyone give us some advice.
shell - 26 January 2012 @ 10:36 AM
9 years ago i had a baby girl i was 15 he was 20 i was living in southern ireland soon as he newhe didnt want to support me so i came back to england to my family he has never give me a penny for child he is in the irish army and said i,d have to get dna test but he knows i cant afford one and also he knows hes the father i was only 13 years when we started going with each otherand didnt have any one else .what can i do to get support from him .
becc - 21 January 2012 @ 12:10 PM
For 6 years our son has been making payments for his 3 children through the CSA.For a number of reasons (including weekly hospital treatment & after effects) his income has now significantly reduced.Being self-employed the CSA only assess payments on his previous year's earnings - which means current payments exceed half his income instead of being the correct 25%. As a result payments have been missed and the CSA are threatening visits from bailiffs etc. Is there any way payments could reflect current earnings - to be verified against tax returns at the end of the financial year?It could prevent much financial hardship for many self-employed people and also help two pensioners avoid paying for grand-children they no longer see.
Smasher - 16 January 2012 @ 6:34 PM
my ex wife and i lived in ireland,we broke up in 2002,one son age 6 stayed with her 1 son age 14 came with me to the uk.i returned to court in ireland to get custody of the 6 yr old but failed. we agreed verbally that neither of us should ask the other for any monies as both had responsibility for 1 of the children. yesterday some 10 years after the split and subsequent divorce i received a summons from my local uk court demanding back payments to 2002 quoting a Registered Order that had supposedly been set up at the 2002 court custody hearing.. do you have any advice please as i fear the worse.
dave - 15 January 2012 @ 11:30 AM
I have 2 children with the same dad, we split up while I was pregnant with our second child, resulting with him being only on our first childs birth cert, even though he was requested to be present when registering the child, he never appeared!! I do receive child support through the csa for the first child, the amount I was happy about. However these children are now 15 and 12, my eldest will hopefully go to college and soon any monies will stop, I have mentioned about him continuing supporting our children but his answer was " prove thats hes mine" regarding our youngest, because of him not being on birth cert!!! Am I 12 years too late to put in a new claim?? I do work full-time and so not just after what I can get and even though his family have regular contact and are great with the children he hasnt seen them or acknowledged christmas or birthdays for the last 3 years!!
jaij - 20 December 2011 @ 10:29 AM
ive been married for 15 years but in 2010 i decided that enough was enough she has drink and violence problems as well as an affair with a 19 year old (shes nearly 40). to cut a long story short i have a biological child living with me and my stepson still lives with me. i spoke to csa in july 2010 and was told payments from my wifes ex husband would stop and be rerouted to me but the csa still took AOE from my wifes exs wage andgave it to her even though she had no kids with her no child tax credits and no family allowance. this carried on for at least 4 months despite several phonecalls. the csa only contacted my wifes ex in november i was told the claim would be backdated to july. im now told as the form was sent out to him within the 20 weeks that ive lost the money altogether. this is just a snapshot of the bungled up cases (i have 2 cases) my question which the csa cant answer and can only hide behind guidelines is this. Where in the guidelines does it state that its okay for the csa to take AOE for a persons child and give it to an alcoholic violent person who physically mentally and emotionally abused the children and leave the person who does care with nothing at all. i thought the csa was there to ensure money was paid.
dazman - 7 December 2011 @ 1:51 PM
My son is 13 and his mother has married and works full time, she doesnt get benefits anymore. I pay the CSA and I give money to my ex partner every month. My question is can I stop paying the CSA?
James - 9 November 2011 @ 1:26 PM
My partner split from her ex in Feb 2009 and their daughter (11 at the time) came with her we met in April and decided to set up home together from August 2009. She requested Maintenance from her ex-partner in Feb 2009, but he denied paternity and said she had to pay to prove it, she could not afford it so did not go ahead; he did pay some monies (rent deposit) but nothing after that.
Since then ‘He’ and her daughter have persuade my partner to let her daughter live with him, we did agree a form of ‘agreement’ but it was ratified by the CSA or Courts, she moved back with im yto the old family home August 2011.
We have emails confirming that as part of the agreement ‘he would not make a financial claim’ on my partner (mother) for a period of at least 2 years in-lieu of the fact he had paid nothing for the same period. During the 2+ years we have been together (and I have made significant contributions to the welfare and upkeep of my partners daughter) her ex has not paid a penny in maintenance or did my partner press him for it, she in no way prevented her daughter spending time with her ‘father’ actually tried to encourage it - BUT he has gone to the CSA ‘ and made a claim on my partner and now she has been told she has to pay £55 per week! We are horrified.
My partner would have no issues paying him maintenance if he had at least done the same. He obviously now thinks he is the ‘Paternal Father’ and can make a claim on my partner - double standards.
I am sure there must be a way of suing him through the Civil Court to recover un-paid retrospective maintenance; especially given his deplorable actions, the CSA won’t I believe deal with retrospective claims. Disgusted of Hampshire
miffed - 2 November 2011 @ 3:36 PM
My ex partner for almost three years now, has not paid for our baby boy who is almost 3, when we were last in the childrens court, his advocate, attorney and my social worker with family magistrate all drew up an agreement - NOT ORDER, that DAD will pay 500.00 every two weeks pending on paternity tests! Paternity tests were done, however, no payments have been made to me for our boy?where to from here? do I get back payments?
lau - 1 November 2011 @ 7:54 AM
My partner's former husband (divorced 8 years) has been paying child support for several years via their mutual agreement, which we think is in a Consent Order drawn up at the time of their divorce.It appears that, due to an argument, he has stopped paying that child support.My partner has of course been advised to go through the CSA but can she go through the Courts if she chose?Also - does the fact that he has paid this child support for several years constitute in any way a "custom and practice" contract or similar (whether in a Consent Order or not)?When I went through my divorce in the early 1990's I was advised then that the Courts took a dim view of using child maintenance to blackmail, or the like.Is this still the case?Thank you
Wilbur - 27 October 2011 @ 3:53 PM
10 years ago the court set a maintenance payment of £60 per week for my daughter who is now 14 years old.4 years ago i was made redundant and went onto benefits for a period of 6months and then took a lower paid job.i agreed with my ex wife i could pay £45.00 per week which i continued to do up untill dec 2010.i then was in the position to pay £60 per week which i have done to date.i feel this is way too much and after using maintenance calculater it confirmed lower payments.i am now self employed and am finding it a struggle again my annual income for the past year was £10,300.00 which was verified by my accountant.is there any advice you can offer me .as now my ex wife is applying to the courts to get back payments on the lower payments of £45 per week.
red - 4 October 2011 @ 12:40 PM
My daughter died suddenly in november last year leaving a thirteen year old daughter in my care. My daughter was not married to the girl's father but had approached the csa and was awarded a sum every week - she received none of this money - I still do not know to this day why. After her death my husband and I went to court to get guardianship of my grandaughter with her father's approval. This was granted. Unfortunately my husband died a few weeks ago. Am I entitled to claim support for the child from her father. My only income is a widows pension and I am struggling can I also make a claim on my grandaughter's behalf for the arrears of payments - or possibly on behalf of my late daughter's estate as she has outstanding debts. My daughter's ex is in contact with my grandaughter and occassionally (but very rarely will give her five pounds) I am unable to afford a solicitor and do not know where else I could find advice
daphne - 4 October 2011 @ 7:19 AM
I have been living overseas for 5 years and found out when I got here that a girl i was seeing was pregnant and had a baby which is apparently mine.no dna has been done as i have been overseas and i am not on the birth certificate.i will be returning permanantly soon, will i be required to pay back pay in child maintenance.any information will be greatly appreciated.
manckdad - 27 September 2011 @ 12:44 PM
I have two children. Ex husband was ordered to pay maintenance for them via CSA after many months of chasing. We agreed on a figure which he paid for approx 5 years. 3 years he stopped paying. We now live in Canada and CSA say they have no jurisdiction as we no longer reside in UK, even tho he still does. Can I pursue in a British court for arrears and future regulated payments. Would I have a case?
rooki - 15 September 2011 @ 5:44 PM
I have been chasing my self employed ex partner for 9 years, and today learned that they have got a hold of tax records and are awarding me out of the information on there, I dont know how much yet but I am not amused as they are only going back to 2009 and as my ex is in the building trade we all know that this is when the recession started to hit so I do intend to fight it as it will have been up until 2009 that he made all his money, if you are fighting for payment my advice is haunt them and just dont give up and provide as much evidence as you possibly can as they will not do the detective work for you you have to do it yourself.
TheOne - 22 June 2011 @ 9:28 PM
My ex husband left me with 2 children aged 5 and under 1 year 18 years ago. He paid a small amount throught he CSA for about a year then he went abroad and the CSA told me they had no jurisdiction over him so the payments stopped for the next 13 years.About 4 years ago when my son was already 18 and my daughter 13 I tracked him down back in the UK and gave his details to the CSA, making a claim for my daughter-I couldn't claim for my son as already 18, althoutgh at Uni.He got assessed the maximum amount that the CSA allow, as he is now extremely wealthy.My question is:I worked the whole time, never claimed benefits but got into a lot of debt bringing up my children.Can I make a retrospective claim for those 'missing years'?Thanks.
Kat - 17 June 2011 @ 11:08 AM
My ex husband left me with 2 children aged 5 and under 1 year 18 years ago. He paid a small amount throught he CSA for about a year then he went abroad and the CSA told me they had no jurisdiction over him so the payments stopped for the next 13 years.About 4 years ago when my son was already 18 and my daughter 15 I tracked him down back in the UK and gave his details to the CSA, making a claim for my daughter-I couldn't claim for my son as already 18, althoutgh at Uni.He got assessed the maximum amount that the CSA allow, as he is now extremely wealthy.My question is:I worked the whole time, never claimed benefits but got into a lot of debt bringing up my children.Can I make a retrospective claim for those 'missing years'?Thanks.
Kat - 17 June 2011 @ 11:06 AM
I have been paying my ex partner 120 a month since the date we split up, I also have my son over night regularly every other weekend and at least 1 or 2 nights during any normal week. (due to my shift patterns) all of a sudden she has decided to pursue me through the csa although I have never defaulted on a voluntary payment (originally instigated through csa) all of a sudden I am concerned that I may have to back pay money that she and my son have already recieved, and it may now be at a higher rate than she initially agreed. I have recently discovered she works part time and this is not declared to the dwp, and is in reciept of full income support and housing benefit. Do the csa take someones greed into account when they calculate the payments I should make ( even though I have already paid them?)