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?
Whether You Can Claim Arrears Depends on Your Situation
If a paying parent has fallen behind on child maintenance, you may be able to recover some or all of what is owed. How far back you can claim will depend on the nature of your existing child maintenance arrangement.
The rules differ depending on whether you have an existing claim through the Child Maintenance Service, a court order, or no formal arrangement at all.
Answer a few questions about your situation and get a clear summary of your child maintenance rights and options.
Try our Child Support Rights Checker free, here on this site →If You Have a Claim Through the Child Maintenance Service
When you have an open case with the Child Maintenance Service, arrears can build up from the date the CMS first contacted the paying parent. Processing a claim and calculating payments can take time, which means the paying parent may end up owing a lump sum covering several weeks or months.
The CMS has powers to collect these arrears. They can deduct money directly from wages, take funds from bank accounts, or use enforcement action through the courts. The CMS does not usually write off what is owed, though older arrears from former Child Support Agency cases may be handled differently.
Arrears owed through the CMS remain payable even if the paying parent becomes bankrupt. Child maintenance debt is treated differently from most other debts and does not get cleared through insolvency.
If you suspect the paying parent is hiding income or understating their earnings, the CMS has a Financial Investigation Unit that can look into this.
If you believe arrears have built up on your case, contact the CMS directly to check the current balance and discuss collection options.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
If You Have a Court Order
Where child maintenance was ordered by a court, arrears are enforceable through the family courts. You can apply to the court for enforcement action, which may include:
- An attachment of earnings order
- A charging order against property
- Committal proceedings in serious cases
There is no formal statutory limit on how far back a court can enforce unpaid maintenance. However, courts may require solid justification for pursuing older debts, and any limitations in the original court order will apply.
If You Have No Formal Arrangement
Without an existing CMS case or court order, you cannot usually claim back payments for previous years. The CMS can only collect maintenance from the point they open a case and make contact with the paying parent.
Private arrangements are not legally enforceable. If your informal arrangement has broken down, you cannot recover past payments through the CMS or courts. You would need to apply to the CMS or, in certain circumstances, the court to put a formal arrangement in place going forward.
For current rates, how to apply, and what the CMS can do about unpaid maintenance, check the child maintenance section on GOV.UK.
In to connect with her biological father after 14 years. He never been willing to pay or accept she is his daughter. But now he comes in to her life and starts giving her money after money but still won’t accept he’s her father and been missing all her life. How is this far!! He doesn’t know his daughter and doesn’t even understand what he’s given her money towards!!!
I have a question…
Few years before I stopped child maintenance service because,we had agreement with my son Dad .. so he payed to me regularly every month.
But now again we have a problem with his payment. My question: Can I start again child maintenance services?
I also wish to claim compensation for the significant financial impact (such as having to declare myself bankrupt as I couldn't manage these payments at the CMS level as well as other debts) and psychological impact (of which there was a great deal for many reasons related to this scenario).
Do I have grounds for both reimbursement and compensation?
Is there anyway the CSA can check the old arrears claim from 2017.
I know it’s quite a while ago now but at the time of 2017 went the changed was happening I also had family illness and child bullying issues to attend too.
Stressful time having to deal with it all.
I never touched his pension and he has now left the Navy and does not work but i just wondered if there was a case for getting some money towards their upbringing.
If you complete an online assessment on the ientitled2 website it will give you an estimate of what your entitled to. You shouldn’t be struggling as you’ve described because your still entitled to take your ex through child maintenance.
If you complete an online assessment on the entitled2 website it will give you an estimate of what your entitled to. You shouldn’t be struggling as you’ve described because your still entitled to take your ex through child maintenance.
he nows lives with his nan but in all those years and 5 or 6 attempts to claim child support i have never recieved a penny from my ex due to the CSA claiming then couldn"t locate her despite having 2 other children and working as a dinner lady in her local primary school. I have great difficulty in accepting that a woman living in a council house, registered for council tax and claiming child benefit and child tax credit for 2 other children can not be located. despite the change in circumstances i believe i am still owed and entitled to the money she should have paid
I did everything I need to but the judge just allowed my husband to leave court bail conditions. He made my like hell @ day sfter day I believe it would go to far if someone doesn’t stop him. I have had broken cheek @ eye socket
I had fingers stomped on broken ribs unbelievable amount of face @ eyes bruised my face looked swollen and purple..
I had to agree to every injunction but they don’t keep you safe.
The justices system isn’t the best when the criminal can plee and they get more attention than the victims. My threats were disgusting disturbing leaving voice message family and friends answerphone say goodbye to your daughter as today she dies we were terrified.
I did ask him to pay child support but he replied that he would put me in a box if I try..
I then became really poorly after months of trips into hospital on blue lights some times.
I need help my illness is multiple myeloma Cancers of blood@ bone. I haven’t been able to make memories because I have had to isolate because my condition is very very serious I just can’t go out unless it’s hospital. They don’t want me at hospital because the risk of being in contact with the virus they are not sure my body has the strength to fight.
I know David Marsden isn’t allowed access to my home my family @ friends. He has taken so many friends from me he gets his way no matter how good or bad .
I just want to know if I can claim anything I haven’t been able to talk with anyone about this in while this because since no treatment is being given to dangerous to go hospital for treatment. I need help with my bills @ and to put money in place for my son for when I as not around. I were told I could claim it .Its very difficult to know your not going to get to help them after I am gone.I have to do as much as I can to find out if I can get a little back pay. Why should David Marsden get endaway from any financial help. I can’t contact him the domestic violence were unbelievable I thought he would kill me until he trapped myself and my daughter in a doorway my daughter jumped in front of me and just cryed shouting at David leave my mum alone please you have got what you wanted to send her in a box if not with you. Thankyou dad she’s got terminal cancer you need to leave us alone and enjoy the time we have left. We can’t believe this is happening to mum she deserves to be healthy and make some good memories.
My children know about my illness I don’t hide anything because it doesn’t help not being honest..
If I can get anything I can’t tell you how much I got to put into place before I run out of time. My condition is getting worse not being able to go hospital and get my ECP without this machine I can’t clean my liver now my blood is suffering and I have purple bruises all over,, The stiffness in my legs
My husband and I have just been contacted by someone who claims to be his child. Back in the mid 90s he was made aware that a claim had been made that he was. He provided a DNA sample and after 2 years was told that the matter was closed - no Explanation. She moved away and left no way of getting in contact, he assumed it was someone else’s child.
Can he be asked for any back dated childcare payments if they do a paternity test and he is his dad?
We are all finding it difficult and the person who could be his son has been lied to all of his life by his mother.
My partners ex has contacted CSA for child maintenance payments even though they had an arrangement set between themselves of £50 a week every Friday for nearly the last two years.
Today a letter came through off them stating she had contacted them etc.
She has never had our address, I was just wondering whether CSA can find your address on her behalf?
I honestly wouldn’t waste your time,effort or money on phone calls/emails to them. You get a polite reply back eventually but zero work is being done behind the scenes.
My partner for the past 7 years has paid £100 a week for his 2 children. He is also blackmailed for more. He also pays all kids activities, clothes trainers, trips etc. We also have these children 4 nights a fortnight. His ex moved away and refuses to collect or drop them off so we do a 3 hour round trip to collect and return. Over 18 months alone she has took him for £10,500 he is now up to his eyes in debt. He brings home £1200
How we have survived we have no idea. My partner cut the money due too csa stating (when his ex contacted them weirdly thinking she could get more) too £36 too which he is paying. Now we are in court as she don’t want me or my partner over night access(but that’s another story) - is there a way my partner can get a back payment due to the over payment?
He aslo says if i did i would have to pay back all that he has paid me because im on benefits due to health. Is this true?
Many thanks
Thanks
Our relationship has completely broken down and we no longer have any contact for me to reasonably raise this with him directly.
Can I seek additional child maintenance payments?
Can I do this via Child Support?
Kind regards
Thank you.
I am insensed by my father actions especially as he subsequently went on to raise other women's children whilst we remained impoverished. Is there anything that can be done about this given the amount of time that has elapsed?
Now, due to myself being very very nervous and conscious of the reactions my husband/the children's fathers could be, i was very anxious regards any kind of requests to him... In conversations previously with him he had always said that if for any reason we had fallen out and i went to claim at Child Support Agency, he would leave any job he was doing just so he wouldn't have to pay a penny...
At the time of our divorce I told my solicitor this.. George had allowed his sister to buy the odd school uniform for my daughter, the eldest. This was reported as him making a contribution. I was simply to scared to deny and argue that was the case as he was an aggressive man. This had even been noted on his police file.. So as the years have gone by, my children have grown amazingly and im so so proud. My son is still in full time education. I am on sickness benefits for PTSD.. His dad has came all the years, cheated himself into a very high paying job £45k a year. Just bought a house and is still not helping. His son had asked for £15 for train fare to come home for a weekend and he said he couldn't afford it!!! After all these years of not paying a penny for his son or daughter I'm desperate to know if it is possible in anyway i can get these 2 children any justice buy seeking some kind of child support for the past few years? Please??
Jackiel - 9-May-19 @ 5:44 AM
Our daughter which payments relate has since died 13 years ago.
The CMS have recently contacted me demanding arrears of £20,000 and advise me I need to prove I paid my ex wife at that time.
I am unable to produce bank statements due to the amount of time passed and the bank do not hold the records that far back. I did pay by standing order or cheque at the time.
I believe having been contacted by the CMS my ex wife has denied I paid however this is completely untrue.
What can I do
My question is regarding maintenance money for mortgage application. Having separated from wife, we agreed she take 55% of the house sale profit and i now pay £700 a month for my two kids. She has bought another property and used the separation agreement which shows ill pay £700 a month to get a mortgage (as some banks will allow this). As part of my payment is being used to pay her mortgage have i any claim on that property?
Thanks
I have just received the annual review letter & from January he is to pay £70 per week - this is because information they have shows a weekly income of £450 up to 5th April 2018.
My question is, as he's been earning significantly more than the previous review figure & didn't advise CSA can the review backdate the additional maintenance payment (even if only from April 18 to Dec 18) an extra £63 a week makes a big difference.
I read all the response and its all to do with fathers having to pay CMS. I am a father with 10 year old son and his mother decided to hand him over to me 2.5 years back. Although he has spent almost all his time with me since the divorce 5 yeara back. My question is...can a father put in a claim for CMS or is it just for mothers ??
I need hgelp
I left my daughters father (who lives abroad) when she was 8 months old. He paid me £30 a week up until 2 years ago and it has now been upped to £50 a week. He boasts a £60,000 a year salary (which would have been more when I left him). According to Maintenence calculators he is not Paul g anywhere near the amount that would be the expectation of someone in recipes of that salary. I feel I’ve been mugged off for the last 13 years. A) can I do anything about it? B) He is not open about his tax affairs (he lives and works in France) which I fear would muddy the waters somewhat when it came to the true amount my daughter should be awarded weekly - can I do anything about that?
Bit of a different question...hope someone can advise!
My girlfriend’s (she is 23) father left the family home when she was 1.5 years old and has been estranged ever since. Her mother was not married to him and has since passed away sadly. She never received any child support maintenance from him.
In this case would my girlfriend have any claim to any child support arrears that were never paid?
Thanks!
Now she is claiming that she hasn’t been paid enough all these years (which she hasn’t) and saying she is going to get CSA to back date it. Obviously if we have to fight the case we will, but what we want to know is can she re-open a closed case and ask to backdate payments?
Given CSM was brought in as of the end of January 2108 , how do they do the earning calculations , I question this as they are going back to my previous employer of 2016 , Cleary my circumstances have changed , and am employed as of 2017.
Surly they can only use the current information from the up today payslips.
Any advice would be very welcome
I brought her up on my own
Where do I stand with this ?
Can I take him to court for back payments as I now know where he lives.
trying to make a long story short but ;
my partner appealed against a cms decsion back in august regaurding his daughter that spends 95% of her time staying with him ( ex partner was saying different and cms took her word ) so he was paying full maintence
he finally got his tribunal date 6 weeks ago in front of a judge and won also there was a cms representive and everything got backdated to the august from when he was awarded a tribunal hearing , also in the front of the judge he asked how his back payments were going to be paid the cms rep said it would come out of there fund as they had repeatedly told him on the phone thats how it would be paid if he won because they would not suspend his payments so he was told he still had to pay full maintence untill the court date and the outcome of that
after 8 weeks since going to court and the cms saying that it is a long process sorting out refundment of over paid maintence he recieved a phone call today saying because he paid by direct debit payment and didnt have it taken from his wages that they could not refund any monies and they were closing the case ...regaurdless of what the cms rep had said in court ..how is that fair and what can he do now ?
also he could not counter claim any maintence since august because they said because it was going to tribunal the case was classed as still ongoing even tho he also won the child benefit claim weeks previous to the tribunal
what can he do next ?
Can she do this ? He is already paying £500 pm (due to arrears on closed case I believe) Now she is after another £500 pm. This is an impossible amount pay.
i have had to go to CMS as my ex has stopped giving £20 a week. as he wont talk to CMS i have been told that they go off hie tax returns say he is on £180. i know he is now on £1000 plus a week for the last 18 plus months. i know who he works for and dates etc... i have know hard prof
was told to call HMRC to get them to look at it and update their records. this could be months.
as he would only be £7 a week till thats done, can it be backdated to the date of my clam?
or would i be better going to court myself?
Please advise? I have four year old twins and their father my ex has refused to work for 2.5 years and paid me the bare minimum as that is what csa advised him to pay me. He then got a job 5 months ago and started paying £200 a month for both which I was happy with as it helped me provide for our children. He now has had a hand injury at work and now told me he can't pay me anything for about 6 months for our children as he is only getting statutory sick pay and told me he will claim for compensation but he won't be giving me any! Is he allowed to do this? Or can I claim for the maintenance he owed whilst he is waiting for compensation? As it is not fair he can pick and choose when he can financially support ou children and I am struggling to do it on my own.
Latest one is DOE for 2 children that have left full time education. Yet still continue with DOE.
Can you advise if my partner has always paid maintainer to his ex wife on time and the right amount work out of the online calculator and she has now just gone via the CSA and is increased as they work it out off he last tax return on the 27th Jan each year which is fine but the ex is now staying she wants back pay for the difference has anyone else had this issue? The CSA have stated it doesn’t work like that but if she feels she wants to try take him to court that’s on her back. We have proof of all payments made to the ex partner for the past 5 years and always been on time. I personally don’t see what leg she has to stand on and I feel she is just trying another route to try and upset the apple cart. Any advice use would be appreciated
A couple of questions...
1. Why is it that maintenance cannot simply be deducted at source by the Inland Revenue? The CSA is a bureaucratic nightmare
1. Can the ex wife get a court order to guarantee payment going forward, and to recover maintenance from the two years non payment... if so what would the likely costs be?
3. Just thought of this, why won't the small claims court hear claims for non payment of maintenance?
His son has now reached the age where he is no longer entitled to maintenance payments and his ex wife is now saying she does not think she has been paid enough and wants to claim through the csa and back date payments can she do this?
She has stopped all access to the children for the past two years for no reason and now wants money now the son is not eligible for them.
Any advice would be helpful.
I would say that even though we do not see his children we send them birthday, easter and xmas money and never shirk our responsibilities for them and never forget them even when cards have bee returned by the ex wife we have found a way to get the cards to them,
The CMS - Child Maintenance Service is a Fv#king joke with no actual powers and portrays a hatred for single parents whether it be mothers or fathers. Either that or its grossly underfunded. However if you miss 1 mortgage payment or rent payment you are threatened with eviction - Same outcome/same government. NOTHING WILL EVER CHANGE. The absent parent will always benefit and you're the one left holding the baby and attempting to hold onto your dignity, your job, your home and ensuring that your child is happy and healthy in the face of being ripped off by the child's other parent and every governing body in this country. Stupid is as stupid does.
So My question is - how can I prove what he earns and what he is supposed to be paying. Where do I go for help.
Years ago I contacted the csa but he managed to not pay as he had no “on the books” income for them to find.
A few years ago I have a cheque payment came through from the csa for just over £100 I think, and that is all I have had since my son was 1 1/2 years old.
Am I entitled to clam back payments for all those years he didn’t pay ? If so how would I go about this ?
When his X wife found out we were having a baby 5 years ago , she contacted the CSA and said he hadn't made payments for their son.
He received a letter advising he owe over £20,000 in arrears . We have paid almost £16,000 to the CSA , not to his son who is now 24 years of age.
My question is, how on earth have the CSA calculated this amount ? The divorce was messy his wife cheated on him and they lost their house and car. She denied access to the children and my partner lived with Mum and friends often out of work.
Is there anything we can do to argue these payments. I wouldn't mind if they were going to his son who was under 19. They are not they are going straight to the CSA.
I would be grateful for any information help and advice.
Many thanks
So I have paid Maintinance for my child every month for 5 years and will continue to provide everything i can for them until they become an adult. I will always fight to spend more time with my child despite being told i can't and dispite my child telling his mother himself he want to see me more.
So before we brandish all Fathers for being the same and trying to duck out of responsibility, lets realise that there are cases out there where the mother is only out for what she can get.
I have been in touch with CMS since 2013 following my ex being arrested and kept away from the house by court order for attacking me. Long story short, for some reason they didn't put him on dedeuvtabke earning although I tried several times he was self employed but paid himself dividends so they decided based on his "low wage" that he was due £39 for a week for 2 children. He began working for a company in 2015 and I let them know but they said they needed to wait for HMRC to verify it. Fast forward to Jan th8s year and I repeated that he was working for an employer and have them the employers details. 2 months later he phoned me complaining as HMRC taken money off his wage and thought it was for child maintenance. Turns out it was for tax due whilst self employed! So Anyway, I see it as a good sign so from April onwards phone CMS regularly to ask why only getting £39 a week still, but told no proof & I had to provide it even though I told him he bought a house and car and gave address. Still no joy. Then in September I phone up and told finally got latest tax details for 2016 - 17 in July and he's on way more than even I thought so due a lot more money and would be paid back till July. Told wait for annual update in October. Get annual update and still £39 a week?! So I phoned up and told latest tax put in then "someone" went in to computer after and input old tax details so computer took latest input not latest tax details. Anyway, I complained and supposedly case worker looked into it and disagreed with my information and so still supposed to get paid £39 a week as no evidence despite HMRC details?! Then I get MP involved as still no joy and suddenly I'm getting calls from them but still a month later and they never took the £39 a week off his October wage, despite being told I would get at least that, I asked about wage update to current wage and told still not on computer though still not given reason why it's taking so long, and they are now only backdating to November despite fact they knew from July? And ex phoned me to harass me to drop case as hes had money taken off his wage yet I phoned them and they sat there's no payment due to me from employers account. I'm worried sick as it's coming up for Xmas and I have bills to pay etc and still being messed about by CMS. Am I going to get money backdated past year (not had payments at all and details from HMRC were for 2016-17 and he has been in same job, same position whole time So it should be backdated till then as had no payments at all in that while time? And how do I get them to pay me money ex says taken off his wage this month if not got it from them? Where are they holding it and why? Is that legal? And why wheb I asked to make complaint numerous times and he pit through to complaints department I get told the was none and they will "send an email to my case worker to call me" when they never do? I've spent a fortune in calls chasing it and still no further for
My dad has recently got in touch via Facebook private messaging.
I’m 28 and my sister is 29.
He left before we where 2 years old.
He has only ever contacted us 2 times when we where babies and has never paid a penny.
He never left addresses or contact number so the child support wouldn’t be able to find him.
My mum and him where never married either but he’s on our birth certificates.
He’s “back from working abroad” and would like to be involved now.
Could we claim money after all these years?
If I have tried to pay money, (and she has returned it ) which we agreed on without the CSA, can she claim back payments or does she have to make a fresh claim.
Can I claim a lump sum back?
I claimed child maintenance through CSA in 2004 for 2 children, but started to receive payments only in 2007. I was receiving income support at that time and CSA agent told me I am not receiving because of that. Is there any chance I can get back payments for those 3 years now? And if they were collecting maintenance from my ex-husband since 2004 where that money gone?
I’m now 26 years of age and my dad has never paid any csa payments. He made one payment when he was in the RAF which had been deducted from his wages but then he left so he didn’t have to pay and disappeared and never paid anything after that. I’ve recently found where he lives and also contacted him on social media but he blocked me and told his other children not to talk to me. So I want to see if anything can be done to get the csa arrears l. My mother struggle on her own to bring me up all these years and it’s been a very difficult journey so I want to make him finally pay the money that my mother deserves so she can enjoy her life and not strugggle anymore. Please can anyone point me in the right direction?
Thank you.
I've rang them today to ask if they have any powers to retrieve any of the arrears.
I informed them that he still has a house in this country, which he said he owned but it could be rented as he was known for lying. He comes back to this country to work at least twice a month, but it's probably cash in hand. And he does have a good private pension that I believe he could draw in 3 years.
I was told there isn't much they could do as he isn't residing in this country, the best advice they could give me was to use google/forums.
I did used to chase CSA but wasn't getting anywhere fast. Is there anything I can do?
Don't know if you could give me advice on this or suggest anything.
I was with my ex for 6 years, we have a 8 year old son. His dad (my ex) hasn't paid anything towards our son, and when I ask for money to help with maintenance or medication, he keeps saying "tomorrow" or "in a bit" and never given me anything. I went through CSA back in 2010 maybe 11, they couldn't help at the time, because they couldn't find his NI number or place or employment. My case is still open with CSA, but I don't know what should I do now? And can I get it back paid to when my son was born?
Ive had enough and it's killing not having money for my son's medication.
Please help!
I have been paying child maintenance for years never missing a payment by direct debit straight to my ex. With all of the changes my ex wants to pay the £20 fee to have the CMS check the amount I pay. I have been using the calculator online so believe the payments to be correct, but what happens if they decide it's not right? Can I be asked to back date payments?
He stopped paying me in May . I contacted the CSA they said that he hadn't made contact with to tell them to say that he had left his job ( we don't speak so I don't know why he say stopped paying)
The CSA have tried to contact him but he hasn't responded.
the CSA said that he will keep clocking up debt from May of £809 pcm as he hasn't told them that he has left his job and that he is not working . She said that they will start an deductions of order and take the debt out of his wages if he doesn't respond . What I don't understand is how are they going to take out an order if he isn't working ? Will they wait until he starts a new job?
Also if he can prove that he hasn't been working since May , will the back dated claim be cancelled . The CSA have told me two different things regarding this .
Any advice would be great !
How would I go about making a claim against my ex partner who has not paid child maintenance in 16 years even though I have evidence of the claim I made?
I spoke to the CSA and they said that I would need to make an appeal against them for not doing their job correctly - is this correct?
She suffers from anxiety has not applied to university ( as yet) and is unsure of what she will do
So in effect I am completely supporting her ( and about to turn 60)
Is there anything I can do like ask him to give her money directly, or shd she just get a job ?..,
Carole
I contacted the CSA when we separated, I have evidence of this and they were unable to track him down.
I did not make any arrangement/agreement about him paying for items for the children. He has not paid anything towards the mortgage for 16 years either and is now claiming half of the equity of our jointly owned home.
I recently asked a question about non-payment of child maintenance for 16 years and my ex forcing the sale of our jointly owned house.
His solicitor is saying that as he bought our children gifts and clothes (sometimes) and took them on holiday now and again, that this counts as child maintenance contributions. Is this correct? Would a judge agree with this?
I have had almost 5 years of child maintenance through the CSA. During this time I have never been paid a penny more, even though he disputed the amount 5 years, suspecting his bonus wasn't included.
My claim has now gone over to the new Maintenance service and their calculation has increased by almost £2000 a year.
He told me that due to the economy he was earning less so it would be in my benefit to keep it the same 2 years ago. So I did,
I've found out that in 2014 he had a big promotion.
My question is can I get the past 5 years salary investigated, with any underpayment paid to me. He's affectively been fraudulent by not decclaring the change to his income.
The new maintenance service said they are only concerned with last years HMRC records not any year prior. I've also just had a letter to say my old CSA case is closed.
Can you please advise, as I feel cheated that he has had 5 years of no increase
And he's lied.
Many thanks
My ex-partner (unmarried) has not paid any child maintenance since we separated in 2001. He is now claiming half of the equity of our jointly owned home (after paying nothing towards the mortgage, house maintenance, etc) for the 16 years.
I made a claim with the CSA when we separated but they were unable to trace him because he was self-employed.
My question is: am I able to make a claim for the 16 years of unpaid child maintenance?
I raised my child on my own for 10 years. I am struggling now with all the expenses, i recently made a CMS and was awarded an amount. I want to know how can i make my
ex pay for the last 10 past years as he has a well pay job, a mortgage and others assets.
Thank you
I am just curious if there is anything I can do now which would benefit my children financially, albeit a long time ago.
I know my mum opened a case with csa and my dad completely denied knowing her or me, quit his job and moved house. He then told my mum that he will pay into my bank account £100 a month, which he did when I was 15 and he did it for 11 months before stopping payments, just before my 16th birthday.
Would my mum be entitled to a back pay?
He pays this collects his son every other weekend 80mile round trip , takes him on holiday ,pays phone etc whilst she sold the family home and has brought another with partner , she has no other dependants and claims she needs it for her car ! Yet she will never drop off or collect .
I too pay maintenance for my son as he lives with dad but share everything .
Does he have to pay ? Could he reduce the payment ?
My daughter has never applied for maintenance as she knows he will lie & say he is not working.
He is very controlling & verbally abusive so she is afraid of his reaction if she applies - what does she do?
My Husband was unable to continue 500 per month and dropped the payment to 250 per month in 2009. He did not apply to the court for a variance as at the time the ex agreed. They have argued over increases for years, and my partner sign posted her to the CSA/CMA/family mediation but neither of them acted and used the CSA/CMA to resolve the differences.
She has placed an arrears order to 2010 ( which is approx. 7 years arrears = 21,000.00) We simply can not afford to pay this.
Can she claim the full 7 years back?
Please can you advise if csa can be backdated to birth or can only be started when a clain is made.
Thanks
My partner left in 2003. At the time my disabled son was 8 and my daughter was 13. He has never paid a penny in CSA. I didn't make a claim while they were children age. Now they are 21 and 26 respectively can I sue for the time he didn't pay and I took all financial burden?
What are my options? Should I just get a court order? Remo will used the same process. He wants his cake and to eat it too while his child misses out.
thanks roger
If he doesn't do this can I claim for all those years ?
As an adult can myself and remanding siblings claim the backdated claim now we is registered at the address
If an email could be sent to me with more information which I could respond to, it would be much appreciated
Post move to CMS, I received a letter stating the amount I will now be receiving from him.
There's a 64% increase.
I appreciate that child maintenance is calculated differently now, however, even taken this into account, I suspect the disparity is largely due to an undeclared pay increase he did not declare to the CSA.
The CMS have told me that they will not investigate anything other than existing cases transferred to them from the CSA.
The CSA have told me to contact CMS.
Am I entitled to claim retrospective maintenance for undeclared pay rise from my ex?
If yes, how would I go about doing this?
Thanks
He threatened me never to contact CMS as he would make me regret it..
To cut a long story short I have been single for the last 13 years and still have never had money from him for the boys...
I am now not afraid but feel he owes me and my boys, we have had a very hard time with living below the bread line at times even tho I worked..
I am now disabled with arthritis and my boys still I've with me aged 23 and 25...
They are well grounded and are hard working I am proud of them.
Their father wanted nothing to do with them all these years but did take me to court because he wanted to control our lives with the freedom to come round when it suited
We are all older and he has a very lovely life style and we are on speaking terms.
However I feel my boys are owed as he pushes money onto his girlfriends children grown up too and never treats his own...
Can I claim for historical maitanence?
I look forward to your response...
My 16 year old son has started an apprenticeship and earns £150 a week.. he goes to college one day a week. We had a family based agreement to pay £34 a week per child..until our children together turned 18. My ex now says that he can't afford to do this any more. Can I claim through civil court..the back pay from before the agreement?
I hope you can help.
I divorced with my husband in 1997, our daughter was then aged two, he didn't contribute financially at first but after a year we agreed maintenance and this was paid for approx 5 years, he then stopped payment and cease contact with our daughter
Adventually I went to the CSA, who made a number if mistakes for which I was given a small compensation, however, my ex was able to not pay for a long period of time, finally a liability order was placed by the CSA but by this time he had left the UK.
Over the years I have attempted to find him, on occasion locating him but then he changes job, address or country , I have had legal support, attempting to use REMO, but it has taken time and resulted in him avoiding payment. My ex is a director of cyber security, so very able to hide his social media.
I have now located him in Singapore and know his employer details. However, my daughter is now 21 and not in full time education, so I am told that nothing further can be done. I wish to persue my ex for outstanding payments over the last 13 years, do you know how I can do this?
Any help you can give would be much appreciated.
My wife was receiving CSA payments from her ex for her two children. When they were 4 and 7 years old the CSA caculated her ex should pay £130 a month.
About 8 years ago my wife asked for a review because his lifestyle did not match what he initially told the CSA he was earning. The CSA messed up and reduced the payment. After issuing a formal complaint the CSA admitted they made calculations without obtaining wage slips and they had no idea why or how this happened. They requested payslips and the figure rose to £137 as he was claiming parental responsibility for his wife child and the child they had together. This still did not add up and was sure he had falsiefied this salary as this placed him on around £16k a year income.
Years passed and when CMS took over an arrangement to pay the £137 continued but then he started missing payment. The eldest child turned 18 so he decided to only pay £50 a month. My wife contacted CMS who in turn contacted him but he still did not pay. So they made calculations based on the HMRC data and he now has to pay £270 a month for one child! He has no remarried and only has one child from his previous marriage living with him.
CMS say they can not claim back payment which is fair enough for the time the voluntary arrangement commenced but my question is this.
It has now become clear he lied about his income whilst the CSA was handling the case. He never informed the CSA of a change in circumstances either. Can my wife request a review of the claim whilst it was handled by the CSA and back date payments based on his proper salary and not one that was fabricated?
Many thanks in advance.
Ex is trying to claim back two years csa have said I owe £1500
I lived with my ex in the same house in the same bedroom but she denys this
my wages went into her account she controlled my money,
I can provide non rude images, possibly statements from neightbour's
Turns out shes in deny because not only is she trying to screw me over,
She was illegally claiming as a single parent and claiming working and child tax credit at this time also!
What do I do?
I lived outside REMO countries and tried contacting CSA dept. Before and was told I cannot do anything.
I was in UK on work permit when the baby was born. she is registered there and got father'sname on her birth certificate...we never married.... We all then come stay in Thailand on 2013, iwork... he was a house husband...
My ex left to UK 2014, we separated 2015. He got a job and said he prefers to save to come visit our child and supported her later.
Turned out he came to meet another Thai girl, got serious with her and kept changing his word ... Now say he won't support the child (never pay child maintenance for two years)
Is there anything I can do now? And In case one day I return back to UK.
Many thanks
in my case, i lost out on £1,220 per month that was decided at round table meeting...yeh, we had a good "before divorce" live...i had the decided amount for 2 months, before he made himself unemployed from his own company...CSA didnt want to know, didnt help me at all...he is now a millionaire...go figure
I would like to find out if I can serve my estranged father with an order or an attachment to his assets when he dies?
I know who my father is and I know his address. He runs a successful business and owns his own property.
He remarried when I was a baby and he has never maintained contact with me since then. I am now 37.
My father instead raised two children who were not his own. His wife did not want him to have contact with me or his two sons.
I wondered where I stood in trying claim some sort of compensation or back pay for not supporting me financially or physically.
I hope to hear from you soon.
Two weeks ago the new child maintenence service took over my case and I paid the £20 for him to be assessed and it turns out he has been earning around £30,000 a year for the last two years .
Can I go to court to get the money he hasn't paid in child maintenance or had he just got away with it just like that ?
As it seems to me because this new service has taken over now, no one is liable for not finding this out before and the only ones who lost out massively were my son's and the winner was my ex husband who fir the last two years had a lot more money in his pocket .
Following the divorce, an agreement was made by the court stating that child maintenance was to paid to my mother, by my father, for my brother and myself.
My father was also to put the family home up for sale, and once sold, was to give 50% to my mother who was an equal part owner of the property.
My father did not stick to this agreement, he didn't pay a single penny towards child maintenance, and my mother never received a penny following sale of the family home.
I have recently been making enquiries and have been informed that I 'his daughter' am within my rite to make a claim for the child maintenance that was never payed by my father, and am hoping you could instruct me on 'how to go about doing so?'
Wife and I are just separated. She wants me to pay child support for our 22 year old autistic son. He gets full PIP, motability car, paid provision and transport 6 days a week and also funding for three nights a week so he's cared for going scouts, youth club etc....
.I've been told I shouldn't pay anything until form E's have been swapped and that if I did, it would show a willingness to give money when perhaps there's no need to.
Is this right or will the judge take a dim view of me if I give nothing until disclosure and court decisions?
Husband and I split and court ordered ex husband to set up csa payments he paid regularly but recently kept changing date it got paid so came to light he never set up through csa and we never agreed anything he set up his own thing. I now have gone through Cms and it seems the amount he has been paying was to little. Can I claim back the difference that hasn't been paid over the years
My partner has an agreement with her ex-husband regarding maintenance for my step daughters. However, he does not see them for the agreed number of nights and has just quit his job and has said no money will be forthcoming. He will not share his salary details and my partner has to rely on his verbal commitment to pay a certain amount, which having looked at an online calculator, is less than he should be paying But, he has two mortgaged properties, a new car, savings and is going on holiday with his partner and their child. My question is, apart from being morally reprehensible, has he done anything illegal? Is there any way he can be made to pay what is owed until he gets a new job?
Thank you
I have not had contact with the CSA since 2004 and now, 12 years on (son is 25 now!) I get a demand for arrears of nearly £10k from "claims" prior to him moving in with me from his mother - CSA sent me a letter today (first contact since 2004) and when contacted them, they explained it was her persuing me. I explained that it was all sorted and cleared back in 2003 yet they say that the "claim" they had then was only "suspended" and now payable - I didnt persue her for money during the 6 years my son lived with me til lhe was 18 and started working so now a tad confused. I feel I am not liable and having two young children, having to make additional payments would be nigh on impossible. Can anyone proffer any advice please?
My daughter's father and I separated whlist I was pregnant. He gave me £20 twice in the first few weeks of her life but absolutely nothing since then.
He "doesn't work" or claim benefits. I have been advised to open up a CSA claim so that if he ever came into some money he would have to back pay missing maintenance.
But as far as I'm aware, the CSA can't take anything from him right now. So how would this work? If he isn't required to be paying maintenance at the moment, will there be anything to backdate, or does backdating payments only work if they were required to pay but refused to?
Any help would be greatly appreciated. Thank you.
I've just requested for DNA tests and my wife has declined and told the csa I am not the father.
She has now closed the case against me...how do I claim the money back from her if she new I wasn't the father and allowed me to pay for the children?
Can I claim.ot back from CSA?
Or do I go to court get a suisse on signed by her at court? What's advice do you recommend..
I have told Remo (European child maitanance)
Who gave up the search for him..
Even though I've given them passport number,business emails,address as he ignored the law and now they have closed the case...
My daughters are now 15 and 13...
Any help please? Thank you
I am the child(I am 17 now) and my dad left me and my mum when I was very young and has not paid a penny since. He then moved to Jersey - has he knows the law cannot touch him there. We have been in contact with CSA however they cannot do anything. I was just wondering if I or my mum will ever be able to get any money back from him which he very much owes?
Thank you
Any help would be greatly appreciated
This was in January 2008.
In August 2008, I got a call from the CSA about the money I was owed. Never heard anything since, and I never received any money off the ex at all.
My claim started in 2001, I got nothing.
Water has gone under the bridge. The ex and I are amicable enough, and I don't particularly want his money. Could we come to an agreement to close it once and for all.?
But no my ex partner has now said if they want more than he wants to pay he will quit his job and I won't get a penny...so the question is if he quits his job deliberately to get out of supporting his child is there anything I can do legally?
My expartner is living the high life! He has a brand new car, 3 brand new TVs, designer clothes the lot, yet he won't even give £1 to buy his child a packet of sweets! And just to put it out there I work full time as a single parent to give our child a good life!
Thanks
My children have recently been in contact with their mother who told me she pay Csa through deduction of wages but I never revived this monies my children are now 32 &22 but can I claim back all paid monies as a claim was set up in 1993 and is interest to be able to claim back also
But my dad doesnt want the money go to my mum and has given me the details to claim for myself. The whole thing is conflicting because granted she didnt get csa to help with buying nappies, cloths, baby food etc, and on that hand its money owed.
But on the other hand my dad wants it to go to me after all these years.
My questions are, should it actually go to me?, should it go to my mum? And who is it entitled to mostly?
I was looking for some advice for my brother. He and his ex partner share custody of his son now, although up until 2 years ago he had full cutosy and his ex partner had their son 2-3 night per week. Currently my nephew stays with my brother 3 nights per week and with his mother 4 nights per week. She has now sent a letter from the child maintenance agency asking for maintenance as she now has him 4 night per week. My brother never received any maintenance from his ex partner whist he was the main care giver. I was wondering if there was anyway that my brother could counter claim for the missed maintenance whilst he had his son? Thanks
My partner and ex have seperated and had a verbal agreement for 1 year, after the ex not paying a CMS claim was opened, however after continual harassment the claim was closed without a payment being made and an agreement was drafted in an agreement through a solicitor (but not through court or in an arrangement order) there is another missed payment and now it is to go to CMS. Can a small claim be put in for the missed payments as there was a verbal agreement, or is it something the court is unlikely to award?
Thanks in advance,
A letter from the CSA says my ex owes me £4500 can I take him to court to get this money, if so how? He works self employed and keeps ducking and diving I have applied to the new Child Maintance options but to be honest the CSA were crap and I can't be dealing with going round in circles again. I'm thinking if I take him to court then the high court I might stand a better and quicker chance of getting the money owed
Years ago. He had 4 children and never paid a penny in CB. My question is can I or my mother take him to court and claim back money from him? Life was hard back then why should he get away with it!
I am very puzzled by this. If he was earning £200-800 per week in 2015-2016 when he was supposedly unemployed how on earth I was getting only £6.40 per week?
My dealings with the CSA have a long and complicated history; x2 Tribunals (FTT + UTT). I am labelled as "contentious"
My immediate problem is that I was told last August that I could not make an Appeal to a Tribunal because I could not provide all the information the CSA asked for; namely a full tax return, I can't give the CSA something I don't have... This is not a new issue with me and was, one of many issues the earlier Tribunals had to consider.
The statement given by the CSA is I believe is in breach of the EU charter of Fundamental Rights Article 47.
As a consequence of being told that I could not appeal to a Tribunal the CSA then went ahead and used their own figures to determine what my income was. Their figures are 100pc incorrect. I now find myself with a Lump Sum deduction order; Interim Order. Again, using case law, this is in breach of Article 6 a right to a fair trial... see Karoonian v CMEC; Gibbons v CMEC (2012)
On my behalf, my MP wrote twice to Baroness Altmann, I asked for a meeting with her or any Director of the CSA so we could resolve my problems. Both of her responses were wholly unsatisfactory. The suggestion of a meeting was stonewalled.
My position is; where do I now?
The CSA need to be challenged, but I don't know how to do....or in what court. The only thing I do know is that an Interim Orders quickly becomes a Final Order, as it is nothing more than a rubber stamp.
Any advice help/advice much appreciated..
BB
We've had a limited relationship...she's now reconciled with her mother and ' new father ' ( was raised by this man as his own child since she was a very small girl...
My husbands daughter is now 38 .18 years have passed since we first knew of her ...we've not really clicked since our first meeting at 21 ...and with us being in different countries etc it's not been easy to cement relationships...she had a child 5 years ago and at the time was quite vocal that my husband was not " the Grandfather " her step father was ...so honestly our relationship fell flat ..a very sad time for us..she cut off all communication....
We received a very aggressive , threatening message out of the blue from her yesterday ..basically saying she is getting Married , needs money and will get us for back paid child support ..it was quite hate filled...and emotional...we had no idea she is getting married..we have been cut off for the last 5 years...
Her message was very very disturbing, which has frightened us in reality...what would our position be? In her mail she wants no relationship, is very upset that her brother s, our children have had a father and she basically wants to take us for all we have....it's an unsettling situation and we are all very upset at the whole content of the email....
Any advise and information would be most welcome
I had a child with a guy in NZ back in 2001 in the last 14 years we have lost contact and seldom talk , his name is on the birth certificate but I have never chased him for child support in this time. The father lives in the United kingdom and I am thinking about moving to London next year is there a chance I could get retrospective child maintenance from him or a legal path I can follow ?
The father is from Republic of ireland. Not sure about my options can you help ?
I want to know if I can now take him to court for not having contributed anything financially.
As I said, I keep being told over and over again that they cannot find my ex, even though I have given them ALL of his details and whenever they have managed to contact him he has told them that he is really poor. He bought a new car last year and is working and earning extremely well. He is getting married this year in a very lavish ceremony at a castle, with him being flown in by helicopter. I want to know why I have never been paid CSA and how he has been allowed to get away with it all these years and whether I am likely to ever get the arrears back that he owes me and also the ongoing child support as our youngest son is still in full time education and what can I do?
Many thanks
My mother and father divorced in 1990 when I was 10. My mother was instructed by the courts to pay $16.50 monthly for my sister and myself until I was 18.
I came across the court documents the other day in regards to the judgement. My father never received any payments from my mother in regards to this.
Is it still possible that my mother would still be liable to pay this amount from when I was 10 to 18 and also for my sister?
If so what would I need to do
Many thanks
Roy
Di
My partner has 2 boys which their father has re-married and his now wife has her own business which is where he was working. he has always struggled or never paid child support (owes around £20k) claiming he was on minimum wage. His wife has now sold the business and they have told the boys that they are going in to property development, The problem is he has now filed a change of circumstances saying he is now not earning any money (due to her selling the business) from which we received a letter saying he now owes nothing and won't be paying any more.
What is the most frustrating about this is that he must be getting money from somewhere? either from his now wife, benefit or illegal work and my partner cannot do anything about getting the money she is rightfully owed. she hasn't got a leg to stand on.
I am not in contact with my mother and she already said she does not want anymore contact with him, but i would like to back date the monthly payments he owes me since 2010, and to possibly have him to continue paying child maintenance, until i finnish college, into my bank account. The reason for this is my mum has always been chasing him for payments since i was in primary school and was in regular contact with the CSA about him.
I do know it would be up to my mum to contact the CSA about him, but she does not want to go though the stress again.
Is there any way i could go about this. Is there any chance i would be able to contact the CSA myself?
Thanks for any info
It was around this time, I had found and was sharing my life with a new partner, who had fallen and given birth to twin girls. Being the only working parent, with my partner full time looking after the twins, I informed the CSA of my new dependants and circumstances surrounding me, as I now lived with all three permanently.
Being only on factory wages, my income was low, and after a phone call to Belfast (CSA headquarters at the time) the CSA representative informed me that I would not be required to continue to make payments for my first daughter due to my new circumstances.
I obviously requested this in writing, which was sent to me 10 yrs ago! I have continued to see my first daughter regularly, and care for and help her out (any parent should know the meaning of this) to this day, and she is now 19 and will be 20 in March.
Imagine my surprise, when today in January 2016, I was phoned by a gentleman purportedly being from the CSA, I immediately thought this was a scam, and it was someone trying to obtain details by deceit and deception, it wasn't until I did a check on the incoming number, I realised the call may have been genuine.
I understand that payments can stop for many reasons, whether it is bad payment or genuine hardship, what does the law say in such cases, regarding the back payment of maintenance, when the reason was compliance to the CSA's wishes themselves.
Has anybody got any details on what I can now do/if I can do anything since I've now turned 19?
He still lives in the marital home, which is for sale. Despite having a well paid permanent job, he is constantly in arrears with the mortgage payments [and this is having a very bad impact on my credit rating also]. We both know that the mortgage obligation is still legally seen as a responsibility of us both and he seems to be exploiting that fact, even threatening to declare himself bankrupt.
We originally had a verbal agreement for support towards our son [who is now 7] but he has not paid a single payment for close to 4 years.
Is there anyway that I can seek retrospective support?
The way the Civil Service has implemented Direct Pay on their computer system means that technically the non-resident parent can never accrue arrears. This is because the system in use is not evidence based with the computer automatically filling in the payment field as fully paid. There is a view that this amounts to false accounting a criminal offence under Section 17 of the Theft Act 1968 (1) Where a person dishonestly, with a view to gain for himself or another or with intent to cause loss to another. Would this apply to an organisation or is the Secretary of State indictable as the person?
The loss here is to the resident parent and a gain to the non-resident parent.
As a resident parent (person receiving payment) the best way to deal with this is to put the Child Maintenance Service (CMS) on the spot by sending them evidence of payments made by the non resident (paying) parent in the form of bank statements for the review years in question. Any cash payments should be receipted by the non resident parent when received by the resident parent otherwise they were never made.
The ability to recover arrears resulting from evidence submitted by the resident parent in the courts is at the discretion of the CMS. The bottom line when doing this is to work out the annual liability to pay child maintenance less the amount actually paid. Because of how the CMS have implanted Direct Pay expect to see large differences in what they see as arrears and what you determined as arrears from evidence.
The best they can do it would seem is to put the non-resident parent on Collect & Pay allowing them to deduct directly from their earnings a maximum of 40% of their income.
Essentially, we will suffer the consequences of 'his' lifestyle choice ...........Can he do this ???
Tasha
7th December 2015
I am currently in receipt of benefit and have a four year old daughter I have been raising alone since she was born. Her father had addiction problems we fell out before she arrived and I never saw him again until recently. He has sorted his life out self employed and we have spoken about perhaps getting back together I just wondered what affects this would have on my benefits and weather or not he owes his daughter anything . Any advice would be greatly appreciated
The CMS have be her his Hmrc records and it shows he is not earning. He has never claimed benefits and it is pretty obvious that his lifestyle is inconsistent with his 'zero income'.
The CMS will not listen.
I think from reading the comments I already know the answer but can I do anything about past payments or maybe pursue the court route or is it just 1 word against the others. Any advice is appreciated
our daughter left school just short of her 16th birthday to go to college for 3 years to do a full time hairdressing course.
can i claim for payments that should have been paid until she left full time education?
I know that my ex husband has changed jobs 3 times since then and I would imagine at least 2 of them were increased pay/salary.
He will never disclose to me his income, and hates paying CSA so would not voluntarily inform CSA of his change in circumstances (even his address which has also changed as many times as his employment).
Given the fact his payments havent changed (aside about 3 months when he was unemployed and he paid nothing), to me, but his salary has - can I claim backdated amounts for the periods leading up to now ?
He is also about to become a father again to his new partner, so I kno whe is entitiled to declare this..... if he does that I definately want to persue a back dated claim for the difference in his salary for the last 3 years.
But how do I do it and how is he forced to declare his earnings over this period ? (If i have to pay an amount / fee to set this up I am willing to as the amount due in arrears will far out weigh this !!)
Around 9 months back I got a message on Facebook to say I was the dad of a 9 year old child. Shock!!! Initially I was led to belive it was not a financial reason for contacting me she just felt I should know I had a child with her.
Being in shock and wanting to keep my relationship I spoke with my wife and agreed to do an dna test mouth swab.
A short time after I was asked if I wanted to meet her of which I did not feel appropriate as a I had married and b had 2 other kids.
Unfortunately this shock contributed to me separating from my wife. I have a family agreement with her for our 2 kids and 1 with the mother of the 9 year old. As when I declined contact she rang csa. We agreed a fee but 1 year down the line she has asked me again. I'm now in fear that she will contact csa again and try screw my life up even more. I cannot believe after 9 years csa even allow this to happen. I'm at fault for the fling but 9 years have passed who keeps that from a person and then says pay up its wrong. Forming a relationship with a 9 year old would be hard and in my line of work could contribute to many issues in addition to my other kids who are too young to even understand.
But in July my ex stopped the payments
And telling me that she wants nothing from me and that I'm dead as far as they are concerned and if I try to send any money it will be returned straight away
So I set up an ica account for him paying the £50 every week since
Now she's saying that she wants the money for my son which is fine but I want it to be legal this time so I've applied through CMS
Which on there calculations I mite pay £64 a week which is fine. My question is can she claim under payment for the 2 1/2 years when the £50 a week was a family based agreement
It's more the principle of him not having paid as he has been on various expensive holidays during this time, has 2 more daughters and provides for his partners daughter from previous marriage. We didn't have any agreement with CSA is there anyway of me getting this paid?
He has stopped paying me any money at all even the child benefit and family allowance. I have been in touch with HMRC who are sending me a child benefit pack. Could you please let me know how to get maintenance for my grandson from his father who has simply turned his back on his children
My ex husband has been under paying child maintenance for some time now, can i claim back the shortfall??
On another occasion I was told by another CSA agent that payments would cease in the first week of the September following him leaving school unless he was continuing in further education (which he isn't).
He is showing no motivation to get a job and is sitting around with his friends playing PS4 while my debts increase monthly due to the fact that the CSA don't appear to have a policy in place to force an "adult" school leaver to seek work until he's 20. This seems ludicrous to me and very frustrating as I'm at risk of losing my home if this continues for another 18 months!
Which one of these CSA representatives is correct.
Now, he has never ever been allowed to see this child and was denied access to be on birth certificate which have immediate doubt of paternity. This was in 2012 so the child is around 3 years old. We have never received any letters to set up payments however now received one saying we are in arrears! She has denied any access to all family including my partner the 'assumed father' and no DNA test done. As you can imagine this seems extremely unfair and we are now worried we have to pay this expensive bill for a child who has not it a father on his birth certificate. Please some or any advice on this would be great!?
I immediately put in a claim. His father takes him one day at the weekend.
My son is now 8 years of age and still has weekend contact with his father.
Despite being in and out of work (longest consistent job was 2 years, shortest just 2 weeks), endless phone calls and endless excuses (once I was actually told they had LOST my file!) and putting in 3 official complaints my case has never been resolved.
I actually called the agency and provided details of a company website that showed the non-paying father working at the company! Smiling away with a little bio about how long he had worked there and how he was a valued member of staff!!!! They assured me that the company would receive a £1000 fine as would the father. NO action was ever taken except 1 letter to his home which was ignored and never followed up by the agency.
In fact they contacted me recently to advise they were closing my case! And if I want it re-opening it would be subject to a fee (!!!!!)
Which prompted another official complaint from myself.
Since then I have had a small 'goodwill' payment from the agency (not from the father) and an apology letter saying they have failed me, he owes arrears and they will be collecting them.
Then another letter last week saying actually he doesn't owe anything again.
I am absolutely appalled by the whole thing. I have worked since my son turned 2 years old without a break, and yet his father has never contributed a thing and suffered no consequences.
I'm not going to give up, but I feel incredibly let down by the CSA.
I have never made a claim for maintenance, he has since gone on to have three more children over the years and pays for them fine, so why should I stand for absolutely no financial help before or now?
Can I start a claim for back payments??
Nats
My question is, can I take this to court and have him pay the additional maintenance he should have been paying the past 17 plus months?
I am 38 years old and my biological father left me shortly after my birth. My mother has an order for maintenance but no payments were ever made as he went to the US and has been working ever since. I now have his location and am wondering if there is any way I might be able to obtain any of the backpayments for my maintenance that was never made? Thanks for your response.
My husband and I divorced in 2007/8, the divorce papers state that he should pay £400 per month for each child until my son (then17) left education or turned 21, and for my daughter, who is disabled turned 25 or got a job.
In 2008 I met my husband who died in 2011, from the moment my late husband moved in until the present day my ex has paid £1 per month, is this legal?
I have struggled and support my two children and continue to do so, is there any way to enforce what was agreed in my divorce?
My ex has always said he didn't earn enough to pay, - £15,000 pa as he had given up his previously lucrative work, he has now however got a much better job and he told my daughter he would give her £150 per month, but he has now back tracked on this which has caused her yet more pain.
My daughter is now 23.
Can I claim for the missed payments? He did go abroad on holiday during his time off ill and did cash jobs. He however refused to pay me even though it made a big impact on our lives.
Thank you in advance.
I would like to find out if it possible to claim from my father, Since I was 3 years old my mother was my resident parent. I was able to see my father sometimes but through moving with new wives in different places across UK and once to America he has never been supportive. He was supposed to pay £40 per week but as far as I am aware he only paid £100 a month until I was about 9 when this stopped he hasn't supported me or my mother since and I very rarely see him.
I do not know whether it went through CSA or not but could I claim what he hasn't paid?
Thanks
A consent order says that a father must pay maintenance at the rate set by CMO and he then does pay, but substantially less than the calculator says he should.
He refuses to pay more and argues that the reason is the children stay with him more than is the case.
The mother of the children contacts the CMO who advise her that there is nothing they can do until 12 months have passed since the agreement (consent order) was signed and that even then they cannot pursue arrears accrued up until that point.
The solicitor also advises that they would not advise asking the court to enforce this as it is likely that the court would consider it unlikely that it had the jurisdiction to impose a figure and that she would then likely become liable for a significant costs order.
The question is:
1. In a situation like this is it correct that there is NOTHING she can do for 12 months?
2. If so is this some kind of loophole that is not made clear in any of your literature?
3. What advice can you offer to ensure that in a situation like this arrears are paid and the correct level of maintenance is then paid from that point onwards?
my husband and I have residence of his two daughters, and receive £150 a month from his ex for them both, his son lives with his ex and she put in a claim with the CMS last year and we are expected to pay £209 a month for him. His son is now 16 and his daughters are 7 and 14 they are not benefiting from their mothers payments as it goes straight back to the CSA for their brother. We have since found out she is expecting again and have been told to expect her payments to go down even more. Is there anyway we can get the CSA to look at this from the point of view where neither child is benefiting us using the services!, their mother is refusing to co operate and ignores any correspondence and told us all she wants is my husband to suffer may I also add the csa had to do a deduction of earnings order on her as she refused to pay for her children!... as you can see the girls are being deprived of their support as not only do with give the maintenance we receive back to his ex but we also have to add to this. I am currently on maternity leave and our baby is only 14 weeks old and im facing having to cut my maternity short to ensure we can live. Not only this but we are also paying his ex's debts and mortgage arrears that she ran up on my husbands and hers property and she wont take any responsibility for these. We have tried speaking to the CSA/CMS but their words to us were they are not interested they WILL be taking the payments regardless if they are her children as well or not! ...any advice is greatly appreciated :)
Now my daughter is over 18 can we still pursue him for monies not paid in the past ?
I have been paying csa for a number of years for my children. Two years ago my ex-wife decided she wanted paying direct, which I have been doing with the agreement of the csa. My middle son is nearly 19 and not in further education, so I have stopped payment for him. I have informed the csa of this fact. My ex-wife has got the arse over it. The csa now want to know if there any changes in my employment etc. I am no self employed but in full time employment for the last two years. They have asked for my last two payslips which I have sent. Can they back date any payment to her when I started my job or does it start from the date she contacted them last month. Also looking on their website I see that I should not have been paying for my middle son after the age of 16 as he was born before 1/9/1997. Hope you can help
However he is paying for his sons from a previous relationship through them. Why am I having no luck yet he is already on the system and paying for his other children
The CSA are telling me that they can repay the full amount I have paid that I shouldn't have paid, however, they will seek to recoup the money from the grandmother, then allow the grandmother to put a retrospective application in so that I would have to repay her since 2009. Confused? So am I. I was under the impression that the CSA could only backdate a case up to the date of an assessment and as no assessment was made in May 2009 how can this be the case?
With the DNA results in hand he contacted the CSA only to be told he will not be refunded any monies....... My question has anyone else suffered with a smiliar situation? Does anyone have any advice ? Is this actually not disgusting behaviour from the CSA they are quick to take the money..... My partner never question paternity as he was over the moon........ It was just a rumour that surfaced and the fact that the child started to look more like the other person that a DNA was carried out. Should he have been able to stay in his life CSA would never have been contacted however this isn't the case so why is it a man should have his life totally destroyed and not compensated back ? Please any advice and comments would help
Please share some details about how you managed to get a back payment through CSA or courts.
I am in similar situation. Please.
I have been telling my mum (who has been struggling) to get help for a very long time but she keeps worrying that he might suddenly take my sister away.
He moved to Belgium for a few years. Now have 5 other kids. I believe he ia back in the UK now.
Please advice.
monies but they couldnt get a penny off him. im just about to lose my home i hope someone can help me
Just look at all the comments.
Not one bit of compassion. For the farther
. He has a wife whos working.
Me (dad) and my ex split up 8 years ago and at the time agreed I would keep still claim the child benefit but give her half, plus half of his school dinner. This is sent by bacs every month, on pay day.
He is at mine 3 nights week minimum, plus any extra's as needed.
Problem started when me and my new wife's baby was born. I found out we may be entitled to some child tax credit, an extra £40 per week if we claim for both children. Wife was made redundant too just before we found she was pregnant to make things very tight indeed!!
Well, I approached my ex to let her her know what we wanted to do and it turns out she has claimed Tax Credits for him for all these years, without so much as a hint of splitting it 50/50.
She now says she's going to approach the HMRC to change the child benefit claim to her, and "reminded" me that for all these years she could have claimed CSA.
Pretty peeved that she can do this even though I'm a great dad who does loads for my son, and always contributes half to everything he needs.
So as you can see pretty stuck right now:
1) can she "Switch" the child benefit claim to her as easy as that?
2) Done the CSA calculater which say's I should be expected to pay £15PW. would his "school dinner money" above (£10PW) count towards a CSA payment.
3) Can a CSA claim be backdated (£6240 ouch!!)
3) Should I even split the Child Benefit if she doesn't split her Tax Credits
IN an effort to keep the peace I offered to keep the £80 child benefit and not claim for my son, much less than the extra I would get in the form of a Tax Credits claim.
To rub salt in the wounds then there's also the fact she gets full child benefit for her 2nd child, and part benefit for her 3rd, whereas we can only claim part child benefit for my new baby cause I already claim for my son!!
I am a single mum expecting my baby in September.
I need to approach the father of the baby for child maintanance. He doesnt know about the baby yet and I am not expecting a great response becasue he already has got 2 kids.
I also worry that he won't wllingly accept the baby as his, so how do I go about proving he is a father? And who will have to pay for the test?
If the father doesnt want to pay the child maintanance what do I need to do to ensure he does?
Finally, I am aligable for any legal aid?
Any tips and contact details will be very useful!
Many thanks,
Joanna
He also paid £5 weekly for a number of years to his son.
Will he and his working partner be liable to pay backdated full childmaintenance ?
Will he go to prison?
Will I now recieve full child maintenance?
Will this effect my son monthly £80 child benifit?
Her father has been paying £80 a month for her since she was around 1. I am happy that he is able to help a little but now that I have been back and forth from work, her childcare costs are alot. He owns his own business, a property maintenance company.
I've had to stop working because I cant afford it but my sister has offered to help although I would prefer her father to but i don't want me applying to cause any drama.
Am I entitled to more than £80 a month?
I am so heartbroken for my baby girl that dad doesn't want to see her but also really struggling financially as child care costs are £168 per week for her while I do a part time job. He used to pay £500 month but then reduced it to £350 and for last few months we've had nothing. He has 3 children from his previous marriage which I know he pays for . How can he decide not to pay for our daughter or even want to see her. He owns a business , 1 of 4 directors and I know he can hide the excess money he declares by bonus and putting to the company. He was earning approx £120,000 yr but I don't if be still does. I have not chased him for maintenance as I don't want him to think our daughter is a bargaining tool but I am really struggling financially and emotionally. I have had some help recently from family support worker as I also have a disabled son ( not his). I really can't afford a solicitor as struggling to keep my mortgage up. I was told CSA would not take into account anything he doesn't declare? Is there anything I can do to get maintenance without it looking like I'm pushing him to have access as I don't want our baby daughter pushed to someone who doesn't want her???
I work in the Middle East but originally from UK. I am separated and almost Divorced and have a relatively high salary i.e. 7100 pounds per month. I have 2 daughters ages 4 and 6 who have now gone back to the UK to stay with my Ex Wife in our house. I have paid very propmtly everymonth 20% of my earnings plus have been paying 550 pounds a month for the full amount of the mortgage. Totalling 1977 pounds a month.
1. Does my wife have to pay income tax on the payment?
2. Am I being too generous? (Not sure I should pay the mortgage also)
13 and 15 - he is not paying her child support at all saying that she would spend it on herself. She is having to buy all their clothes, and since her son is constantly growing this is making a big dent in her own funds. She is barely making ends meet and could really use any extra money to support her children.
He is self employed (a video/dvd shop) and keeps saying he hasn't enough money
but he buys top of the range electronic equipment/phones etc for his children on their birthday's/Christmas. My sister can't afford that.
What can she do - she's just about given up I think
I was divorced in April 2011 after 23 years of marriage, two children now 15 and 18 who reside with me. My wife left the FMH in March 2010 to cohabit with her now fiance.
I have a clause in the CO that provides nominal maintenance of £1 per annum until the youngest child reaches the age of 20. As the children live with me I believe that this is primarily to support another clause which states "in the event that the husband obtains an assessment for child support through the CSA the wife's entitlement to periodic payments shall increase pound for pound from the date any such assessment in the amount of the said assessment."
Basically my ex claimed to be seriously ill (severe depression) and unable to work and then got a job two weeks after the FH, and has been working ever since.
I would like to discharge this, not least to achieve a "Clean Break". Hopefully it would also make my ex understand her responsibilities and encourage her to have some structured relationship with our 15 year old daughter (18 year old son now working) and have her overnight, say once or twice a week. This being on the basis that CM reduces by 1/7 for every night a week the child spends with the NRP. I have asked my ex for a private arrangement for CM but she has declined.
Furthermore, reading the responsibilities of a parent in the Children Act it would appear to me that this clause is just a way of avoiding child maintenance and hence could be deemed illegal.
Grateful for your views. Would an application to discharge this have to be a long drawn out process.
Regards
I believed that maintenance was paid from the date of contact with the CSA and don't understand how my claim can be made from a future date.
It doesn't seem right that another child should benefit from my son.
Any ideas?
he refused to put his name on my birth certificate and never paided a penny towards my upbringing.
can i force him to take a dna test to prove he is my dad, and am i entitled to any money that he never paid?
'this is because the change of circumstances wouldn't alter the non-resident parents net income by 5% or more under child support law,this means that we can't change the amount of child maintenance'
is it legal to acknowledge the fact they are taking more money than they are entitled to?an will continue in the future?or is there a avenue i can pursue to pay a true reflection of my salary.
My dad left my mum when I was 1 and my sister was 3, we are now 22 and 24. I saw him for a couple of years but then he never turned up one day. He never once gave my mum a penny. I recently meet him at my nan and granddads funeral. I found out that he lied to his family saying he gave us both money when the truth is he gave us a one off payment of £20!! The main this is that he put my mum through hell and I want some justice for her. I don't know if we can sue him or anything can you please give me some advise.
Thanks
I'll try to answer from my own experience.
1. You can have a voluntary agreement for maintenance OR the CSA agreement. The CSA agreement ALWAYS TAKES PRIORITY so if you go through the CSA you are not legally obliged to make any other payments. (Other payments and division of assets resulting from divorce are negotiated through courts).
2. Generally, the CSA should only take 10% of your net earnings per week. If you only earn £100 pw you should only be paying £10 - but that is for EACH child. If you have more than one child you need to multiply this basic figure by the number of kids you have. E.g. your income = £100 your kids=2 so 10% of £100 = £10 x2 =£20 per week. A NRP should never be left with less than 75% of their net income.
3. Maintenance to an ex lasts until a child is 18. (19 if they go on to full time education - check Directgov for full info).
4. Payment of maintenance does NOT automatically entitle a NRP to contact with their child and similarly non-payment does NOT entitle a RP to withold contact. Court orders can be applied for but if possible, make your own arrangement and STICK TO IT! Changing arrangements can be confusing for the kids and cause bad feeling between the ex-partners.
5. Backdating payments: you can backdate payments but only til the time you first contacted the CSA. E.g. You split from your partner when the child is 5 years old but don't make a claim til the child is 7 years old (for whatever reason). The CSA will not backdate payments for those missing 2 years.
6. Either parent can make a claim through the CSA and NRP can ask the CSA for an assessment.
7. Maintenance is to ensure that a child has basics like food and clothes and help with things like the cost of school trips.
Hope this helps some of you.
As there are seven days in a week I agreed to 3 and the mother 4. Holidays to be agreed.
There are 13 weeks school holidays a year and I have an equal share of those although the mother doesnt agree to this.
The CSA have calculated I pay £33 a week but dont understand why, I spoke to one person and they said its calculated on a percentage of what you earn, another said it was calculated on what it costs in electricity,gas, food ect ect.
Another said I should only be paying £8.00 a night as it is only an over night stay, I am very confused.
I have stopped paying the CSA because I feel that as know one knows what I should be paying then it may be better I go to court to get it sorted.
I currently pay all of the mortgage which she is responsible for half, I pay all the family debt which she is responsible for half,I pay for my sons school clothes and shoes,so where does it end??????
My bank account is always in arrears of £1000.00 a month.
She recieves £80.00 a month child benefit which when I spoke to the agency they agreed that she should share it but I would have to speak to her to do this.
HELP ME
I wish to claim child support for our 14 year old who lives with me here in the uk.
How do I do this...
Gillian Waterworth
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