Dealing with Maintenance Arrears

Author: Anna Martin

A parent has the financial responsibility, and obligation, to provide maintenance for their child. This child maintenance is paid to the parent the child lives with, and the amount payable can be agreed through a family-based arrangement or calculated, collected by the Child Support Agency (CSA) or the Child Maintenance Service. In cases of failure to pay, maintenance payment, via a parent’s employer will be enforced via deduction from earnings order (DEO)

How Do You Pay Maintenance?

You are expected to pay maintenance if you are the parent of a child who lives with the other parent. There are however, a number of ways in which this payment can be made:

You may be paying an agreed sum directly to the parent with care. This is a family-based agreement. The amount that is paid will take both parent’s incomes and living circumstances into consideration, and may be adjusted accordingly when required. This form of arrangement only really works well between parents who have maintained an amicable relationship.

A payable sum that is agreed by the court is referred to as 'maintenance'. This is calculated by examining details of the incomes and living circumstances of both parents, and enforced by a court order.

If the relationship between parents is strained, if a non-resident parent fails to comply with maintenance payment requirements or there are other difficulties, monies can be calculated, collected and distributed by the CSA or CMS.

Child Support Rights Checker

Answer a few questions about your situation and get a clear summary of your child maintenance rights and options.

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Failure To Pay

Falling into arrears or failing to pay maintenance can have serious consequences. A parent with care could take court action against you. An employer could be ordered to deduct money directly from your wages. A Liability Order can be issued against you, which will result in bailiffs taking away your belongings. A Charging Order could also be issued, which will lead to your home being sold in order to pay off arrears.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What Do To If You Experience Financial Problems

If you are experiencing financial difficulties, and fear you will have problems keeping up with maintenance and child support payments, it is important to notify the CSA/CMS as soon as possible. If your financial circumstances have changed – perhaps your income has been reduced or your living costs have increased considerably – you must contact the CMS/CMS and inform them of the changes. They will then be able to recalculate the amount of maintenance that is payable. Sending them a copy of how you budget for payments will be useful in this instance.

If you get into arrears you will be contacted by the CSA/CMS. It is their job to work with you in finding a suitable way to pay off the outstanding amount of maintenance. They will follow strict guidelines and will expect you to come to some form of agreement regarding paying off the arrears. Do not ignore any letters you may receive from the Child Support Agency or Child Maintenance Service, as the matter will simply grow in severity. It is in your, and your child’s best interests, to sort out the financial difficulties as soon as possible.

If you get into arrears, the CSA or CMS may sometimes negotiate a repayment schedule with you. They aim to collect all the arrears within two years and can ask you pay up to 40 per cent of your income, depending on your circumstances and other financial commitments. So, it is important to try to confront such issues early, if and where you cannot pay, rather than it come as a shock to you later on.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

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Ask Child Support Laws a Question

Being Robbed 18/05/2021 at 1:25 pm

I've been paying child maintenance the entire time I've been employed, over and above what I'm expected to pay. The CMS wrongly calculated that I somehow owe almost £5000 in arrears and are now taking 40% of my wages, even though 80% is designated for living costs! They have mismanaged my case repeatedly, ignored my reasonable, legitimate requests for evidence of any arrears they claim I owe and, meanwhile, my ex is living a life of luxury, all the while refusing me access to my son...does that seem morally right to anyone? Certainly doesn't to me. How is this even legal? I'm basically broke, despite working full time. I'm running up thousands of pounds worth of debt, despite living as frugally as possible and doing nothing with my life that would cost money. Cheers Tory government.

Jojo 06/05/2021 at 10:46 pm

Quick question my ex partner has a £6000 arrears from over 35 years ago he's been hiding it for years but I've managed to track him down finally got him to pay through detachment of earnings but it's a proxy £290 a month some months he pays some months he doesn't. Nothing seems to be going about the months that he misses.. i'm sick of it if I'm honest and I just want the £6000 he owes me in one payment done and dusted never have to think about him again am I entitled to get this or do I just have to long it out with them? Have to be mentally abused me and rape me I really don't wanna have to think of him in my head every month whether he's going to make the payment or not and because I'm a single parent with four children admit admittedly they're all grown up but I've got four grandchildren now and I do struggle why should he still be in my head please help
Kind regards
Jojo

Holly 91 29/03/2021 at 2:30 pm

I dont understand why more people don't take the paying parent to court to get arrears paid back.
Am I being stupid??

Starburst 01/09/2020 at 2:20 am

After contacting this new maintenance service two years ago it’s been nothing but problematic and chaos! This dept of dwp is meant to have parents and child matters of concern so suits everybody! 18 months ago I called them stating the review was wrong and a change with contact it had reduced by the dads say so “ other priorities” still this year I called and called fobbed off like it’s you who has to do the investigating! I don’t see the point in this service really nothing positive comes from it. So again this years review I’ve screamed he’s still feeding them false details and proved it so payments amended but only from July 2020 when I’ve had to struggle like most people this year he’s had full paid salary each month given false details stating he’s still married living with his wife and her child and he’s not! Moved into a shared house well rented a room from a family which is weird and wondered why contact had stopped with no address details given! But not backdated to my original call of same complaints! I apply to court to stop all contact and end the order he’s broke because I’ve no address they can’t send/serve papers to attend court! But now I’ve his work address court papers will go there though he’s stated not arsed will not be attending! So CMS don’t get him to pay upfront of arrears for some poor excuse it’s divided over time but he can go on holidays, flights to places in Asia to climb mountains! The guy is a teacher! Yes a guy with a responsibility to teach hundreds of kids and endure welfare is good but can’t do it for his own son! So please all the MEN commenting that women just want money or it comes down to money you’re wrong! It’s about providing for your responsibilities and helping your child! Never attends hospital appointments never takes a day off if he’s unwell my career suffered through this so if I ask for him to pay what’s right he should and should be penalised for feeding false information it’s fraud! A day out with this guy is only a free one park and tap water unless it’s clothing or trips for himself! I used to have to provide clothing and food to ensure my child had what he needed! Ask him for help towards a cost “ no that’s what maintenance is for” the attitude is never corrected by authorities or these service providers so iyou just get ignored! So csa and cms are same as each other just new era new offices renamed the dept within the dwp! So again it’s within the government that makes these laws/acts but let people and families and children down.

Hayley 28/07/2020 at 9:17 pm

Cms do naff all my ex has racked up £26,000 in arrears in 4 years, constantly lies about his income, then they pull his true income from hmrc and just add it to the arrears! Why don’t they do what they say and make him pay what he should? He never pays the full amount never pays on time and they do nothing, he has just bought the lease of a pub and a £300,000 house, what do cms do? NOTHING absolutely nothing

Postnarc11 05/12/2019 at 11:34 am

So... tax payers , Ex husband gets clever accountant , becomes silent companies owner.

Payment requirements made by CMS £17.42 per week based on false earnings and direct payments initiated .

No payments made since June and CMS have not ‘reached requirements’ to collect and pay.
Ex has now exploited the family justice system to disable contact as he is unhappy that I request Mondays payments four days late (undertaking signed) .

CMS at least make him pay the pathetic amount you have calculated for him

God 28/11/2019 at 1:50 am

The information in this article is 100% incurrate. If your in financial difficulties the worst thing you can do is call the CSA. All the CSA do is harvest you details and go to your employer and fleece your wages. They will ignore any reasonable offer and resolution and skip to enforcement as quickly as they can. They don't treat men with any basic level of respect. They have enforcement powers over and above what the police or courts have. You will get no fair trial or hearing. They have a licence to rob men. An that is exactly how they operate.
Ignore every phone call. Change your bank and swap jobs often. If you try to be reasonable they will destroy you. A reasonable man is a mug to the CSA.
These articles are grossly misleading.
You have been warned.

Copey 31/10/2019 at 12:30 pm

My daughter is a victim of domestic abuse she contacted the CMS because her ex wasnt paying anything for their daughter he is self employed and for years has not been declaring a genuine income to HMRC this has been reported but CMS have awarded on his earnings that he declares he moved away from the family home and now lives with friends so in the very least is not paying out anything like he was when they were together and is simply getting away with it while they struggle to make ends meet, I just want him to be honest about his earnings and do right by his daughter, the paperwork my daughter received said that the figures were based on 2017/2018 earning I just don't understand that, because they were together then to summarise how can we get this looked into again and reassessed we know CMS based their decision on what he submitted to HMRC but that was fraud and should also be looked into

Gigi 09/10/2019 at 10:30 pm

Toxic ex owes my partner and me £30,000 unpaid family agreement child maintenance arrears £250 a month. CSA disbanded chaos ensued. We are skint in council bungalow, now while, he lives in mother's £500 000 home owns property in America even stopped Grandma sending £100 twice a year for school stuff! It's been hard slog man.

annoyed 07/10/2019 at 8:16 am

I have 4 children 3 of which are now over 18, I receive 30 pound a month as he apparently has a low income, he owes over 7 thousand pounds in arrears. Csa have apparently tried to contact him a number of times as I know his income is more than what he declares, he has no contact with any of his children nor has he provided any help what so ever in the upbringing of my children. I am highly annoyed to the fact he claims to be unable to support his children but can blatantly show a family holiday (with his new family) on social media every year, run a car and hold a job (which he does not hide). I thought child maintenence was there to assist the lone parent, my experience is the total opposite, I even had to pay 20 pound fee to start a claim which has never helped me at all.

Amy 31/07/2019 at 8:35 am

I'm owed child support of £700 dating back to 2000. The Child Maintenance Division have told me they are writing it off because its less than £1000 and over 10 years old. Can they do this? My ex is now retired, but has a good private pension.

Camo 05/07/2019 at 11:44 am

I see a few comments of women stating my kids are now adults and so on an dcan I claim over ten thousand back and so on

Why is it always about money
Why leave it this late why not action thisnat the time but feel like a lump sum is now owed when they are now nearly 40 and so on because you feel a holiday is in order

Those paying for support also have a life to live bills to pay rent and possible a new family to provide for

This should be a flat rate and not on the amount earned

For example 200 for one child end off

Not 600 because your earnings changed 12 years later and you have not been in that family cirlxle or life

Feels as if no matter how well you do your ex still benifits even if you improve your life and possible in a new marriage or life and they receive your income jncrese

WE ARE NOT YOUR LIVELY HOOD OR SECOND BANK ACCOUNT

Fix rate and remain a one rate

So if the caring parent of the child is in a new marriage or relationship she still gets the same amount where the other is struggling and paying and potentially leading to homelessness

I say €|^€{€{$|$

Lynn 04/07/2019 at 9:54 pm

My 2 children are now 31&35 my and we split in 1988 when we divorced we had a court order that he had to pay £15 per week per child. This stopped in about 1994/1995 when he decide end not to stay in contact or pay the child support. Since about 2001 he has been in touch with the children. As it was a court order am I entitled to now claim back the money owed - it around £13k. I had another child in 1993 and when I was on maternity leave CSA collected the payments but as soon as I went back to work they wouldn't collect it. Really interested in knowing if it's too late or is the court order still legally enforceable.

Head gone 26/06/2019 at 7:54 pm

Asked for Dna test in 2018. Told in January by child maintenance service that case was going to be closed. Stopped paying end of January had letters concerning nonpayments phoned told case is on going. Trying to sort things out Dna took 9 months now they have done a bank order for £169 a week. Crazy.

Tony_K 20/06/2019 at 7:48 pm

Hello,
My ex-wife put in a claim with the CSA in 2017 (now the CMA) and I have not paid anything to date as my earnings were below £7 per week. I am self-employed and my last Tax Year's earnings for 2017 to 2018 were less than £365.

Although the CSA did not take any payments for 2017 to 2018, for the years 2018 to 2019 they are wanting £1200 in total, saying that it is backdated from 2013 to 2014, but I was still living with my ex at the time, we separated in July 2014 and she put the CSA claim in in 2017.

The CMS know via HMRC that my earnings for 2018 to 2019 are less than £365, yet they sent me a letter saying they want me to pay £100 per month in arrears and missed payments, this is despite them telling me over the phone in March 2018 that I did not have to pay this amount from arrears dating from 2013 to 2014.

I am confused and angry that they are messing me about, and not dealing with my case properly or following up with any updates. I was told in March 2019 that I did not have to pay anything, only to receive a letter in June 2019 saying I owed my ex arrears.

Do I need to pay her or not? I'd appreciate any help, as I have not see or heard from my ex or children in five years, she and her family are ignoring me and this has been the case since she left.
Thanks,
Tony

Rods 17/06/2019 at 6:34 pm

I have two kids and always made weekly payments to my ex wife. The CSA has recently transferred the older cases into the CMS and any outstanding arrears were passed on as a form as a balance without a detailed breakdown. I was rather surprised when received a bill £3500 for payments already made between 2013 and 2018. The stress it has caused to establish which periods they were referring to so prove could be provided to confirm that I have never missed a payment is beyond words. It appears the CSA don’t use calculators either as I have provided prove for each alleged missed payment and the figures don’t tie up. I shall make one more attempt before seeking legal advice as I truly had enough of the CSA & CMS. Two kids with my ex wife, one lives with me and I don’t get a £1 maintenance a month and I pay £600 a month to her for the other child. She has since popped out another 3 kids with someone else and currently on maternity leave with reduced income and working on cash in hand jobs. Moral of the story - there is no equality when it comes to children matters as decent fathers always get battered (I had 13 years of it). The CSA and the CMS always believe the scum bags who only value the fathers for their hard earned money. They never gave a dam when I was unable to see my children for 4 years and neither when I complained my children were being subject to domestic violence by the stepdad. In all honesty the system is a truly bag a garbage.

Dan 12/06/2019 at 7:21 pm

I was paying my ex partner regular payments every month and when my daughters birthday came around my ex partner asked me to contribute, obviously I had no problem with this at the time but unfortunately due to redundancies being made at work I was let go from my job meaning I had very little monies so couldnt contribute so she contacted the CSA, I then recieved a phone call from them saying she had done this and me having to arrange a payment plan.

The CSA told me under no circumstances should I pay her any monies until this is set up..

8 months later I get a call from the CSA asking why i have not paid anything, so I told them that they told me not to until the arrangement had been set up.

After some investigation on their end they found out my "arrangement" has been sitting on a desk for the past 8 months and now I'm in huge arrears (for my income level).

I'm trying to save what little monies I have left after my Bill's have come out only to get a call of CSA today saying that there adding another DOE onto my account bear in mind I only left my last job due to the illegal activity on site and now I'm being told I'm "job hopping"

Just reading through these messages is telling me the CSA just cant get anything right

Debs 01/06/2019 at 5:30 pm

My ex husband owes £3400 arrears to me and has no contact with his son and also owes his 2nd ex wife £1,800 maintenance arrears. We've been without any payment since he moved jobs and have had to wait for collect and pay to start deducting from his wages again. The new assessment doesnt include a penny of arrears... it's definitely stacked in his favour!

Becca 29/03/2019 at 1:43 am

To many loop holes. scummy dad jumps job every 7-8wks that's how long it takes to add an attachment to earnings. He wanted full custody just to leave my son with acoke w##re just so he doesn't have to pay for him. DISGUSTING

Tony 25/10/2018 at 3:42 pm

When our divorce was finalised out of court in 2012 i amicably agreed to pay my ex by BGC the sum of £25,000 from the sale of my business property. I also made payments weekly of £50 pw for my son. In the past two years i have struggled financially & due to health problems have had difficulty in finding work. I am in receipt of Job seekers allowance which amounts to around £70 pw. The CSA told me to pay £7 pw but i made it £10 pw. Unfortunately debts built up & i had to pay off baliffs which was crippling & my payments to my ex fell behind. Im now being chased for the arrears & will contact the CSA this week to try & resolve this. I realise that any cash payments ive made are irrellevant but will the £25000 ive paid previously be taken into account?? I want to pay for my son & i also want to have time with my son. I was having my son every weekend but since i lost my car & my ex has remarried she has made it very difficult for me to even see him. Im unsure what i can do or if any of these factors will be taken into account?

Tash 11/10/2018 at 1:50 pm

My ex hasn't paid a penny child matinance for 4 years for my 3 children I keep getting letters saying I will receive payments on this date and that date but never receive them which is annoying he owes just over 5000 and still can't receive any

Artemisia 03/10/2018 at 2:02 pm

The CMS obtained a court order to reclaim in excess of £4000 he owed in defaulted maintenance payments.

He phoned them up and persuaded them to retrospectively apply a "Change in Circumstances" so that it would pre-date the court order.

He has been on a 2-week deep sea fishing holiday to Mexico, paid for 7 to go on a 3-week Disney Florida Vacation (he took the nanny too!), spent two weeks with 6 in the South of France, and had a farmhouse weekend break in Wales. He takes my little girl out for lunch with his new g/f and her three kids - and to theme parks - all the time. He lives in a house worth half-a-million. They say he doesn't have to pay - anything!

It really should be renamed the Father Maintenance Service.

Meanwhile, I have tried to complain - have any of you found this? Stonewalled. Never getting to speak to anyone - complaint not processed, not passed on. A CMS case officer thought she'd put me on hold - she said audibly "It's just sitting there" ie that the complaint hadn't been processed at all. It's been 2 years.

Helpfully, they also told him that he doesn't have to contribute to her lunches. The one thing he was paying for - so he stopped 2 weeks ago.

Helen 02/10/2018 at 6:51 pm

I went to the csa in 2006 and my ex partner constantly failed to pay meaning arrears built up. My case was later transferred over to the child maintaince service and arrears were also built up there. The child maintence service then failed to obtain my ex partners up to date income and just calculated it on a estimate they have now ordered him to pay £31.00 a month and have put nothing in place to collect the arrears owed but have said if they do they will collect it at £20 a month.witch is totally unacceptable my ex earns over £10 a hour working over 40 hours a week. He rents the property he lives in for over £700 amonth then pays the mortgage on his home he previous lived with in with me that home is stud empty so I don't know how the hold support agency can justify saying he has to pay me £31a week when his earnings are high and he can afford to pay rent on a property plus pay a mortgage of £500 on a property just to leave it sat in occupied. They have also said most off his arrears with the old csa have been wiped off. I shouldn't have to struggle to provide for our teenage daughter while he lives the high life

Pippy 21/09/2018 at 7:03 am

The number of comments on here about unpaid maintenance are extremely concerning.
I am just about to face a court hearing that my ex husband has brought about due to contesting the amount of maintenance he needs to pay for his two kids. He is a director of his own company and can therefore “pay” himself what he likes in order to minimise his tax payable and as a result the level of CM. He is disputing a figure of £2000 arrrears which had he provided honest and correct information in the first place would now not be an issue. This figure is miniscule to him and a CM worker even stated h3 can clearly afford it.
Why is it that payments can be reduced when the parent claims he cannot afford it and the recipient is not informed. My ex too reduced his payment after speaking to a team leader something that CMS have confirmed the team leader did not have the authority to do.
The impact on my MH as a result of not being able to rely on receiving regular payments has been critical. This has impacted on everything including my kids mental health.

CMS need to tighten up their procedures and stop this continual blatant abuse that is ongoing.

Ree 11/08/2018 at 10:47 pm

Hi my ex arreas outstanding 1,400. Csa keeps habing issues with empoyler educting wages from him since april!! Issue still not being resolved every month employer tells them they havent resived anything from csa when csa sent more them one letter to the empolyer no fine been done towards the empolyer. So frustrating

ChildSupportLaws Editor 27/07/2018 at 11:07 am

The CAB link here may help answer your question. You can apply directly to court. However, if CMS cannot extract the money then you would have to have a strong case that the court can. Therefore, legal advice is suggested if you are contemplating this option.

Jo 26/07/2018 at 12:51 am

My ex is in arrears by nearly £13,000! Child maintenance service is involved but it doesn't seem to be going no where. Don't get regular amounts each week/month just the odd month here and there.
Is there anyway I could get these arrears back?
My ex clearly doesn't care about our kids as he hasn't seen them for 7 years now

tracywilson 20/07/2018 at 11:26 pm

The ex hasn’t payed child maintenance for over 15 years, and owes £9561.86 mh daughter doesn’t see her dad and has no interest in seeing him how do I go about taking action with this as nothing ever seems so come of it and it isn’t good enough!

bexxy 05/06/2018 at 3:58 pm

My ex husband has always paid for our son until 12 months ago. We had an easy divorce and it was on the papers he is to pay 100pcm (£23.07p Per week) I was happy with that even when he had pay increases etc.
However he has decided to have no contact with my child since an argument 12 months ago and make no payments.
I have tried my best to resolve this and he refuses to even answer the phone. He is now part time as his new wife earns a lot of money and he has taken the "mother role", So my questions are:

Can I get 12 months backdated through the Child maintenance service? and will they take into account the family earning's between him and his wife? (as he has dropped his hours knowing i am at the stage of going through CMS)

It does not seem fair that his and her children go away on exotic holidays and i am a full time working mom of two that struggles to make ends meet!

Chris Editor 08/06/2018 at 3:28 pm

@Macca - because you paid in cash and there is no proof you have paid. The golden rule is NEVER pay child maintenance in cash.

Macca 05/06/2018 at 2:32 pm

I have been paying child maintenance for many years and arrears my question is how can my ex wife phone cms and say I haven’t paid her for a year and they believe her all because I paid her in cash and have no proof .

Finding answers 25/05/2018 at 2:05 pm

I had a payment schedule with arrears added on. I am paid by direct pay. My ex husband rung CSA and said he couldn't afford to pay the amount ( which I know is a lie!) CMS reduced the payment schedule by £100!! This was only done by verbal agreement over the phone. I was NOT informed this was happening and was quite shocked when I was £100 short. Can CMA do this without my knowledge? Also as it was only a verbal agreement between my ex husband and CMA can I have £100 asaplease?

ChildSupportLaws Editor 01/05/2018 at 2:18 pm

We cannot comment on a CMS decision. If you feel you have been treated unfairly, your only recourse is to complain

mooP 30/04/2018 at 10:09 pm

hi. my kids dad paid(on and off) directly to us since 2013, however stopped making any payments in 2016 jan. I've just called CMS who told me that they will not backdate any arrears other than last three months, because I did not get in touch with them since last year?!?

RO 26/04/2018 at 7:05 pm

I need some advice pls.
My Ex was asked by the social service to child maintainers 2013, ex made three payment and stopped. Social work followed up, ex has moved away from the house. Since then, ex did not contribute anything to the child care.
Pls how can I claim for this.

ChildSupportLaws Editor 24/04/2018 at 12:27 pm

If you were awarded a payment (because your husband was unemployed), there is little you can do as the calculation in place was based on his not working. This would still stand.

Tra 23/04/2018 at 8:43 pm

I did put a claim in many years ago and my ex husband then left his job and I awarded 5p per year. I don’t know if I can claim anything now

ChildSupportLaws Editor 23/04/2018 at 12:27 pm

You would not be allowed to claim child maintenance retrospectively if you never put in an initial claim.

Tra 23/04/2018 at 7:35 am

Hi my daughter is now 31 but I have never had any payments for her and have been split up from her father for over 25 years, people are saying I can still claim for all the money he never paid, us this true?

Tel 22/04/2018 at 6:23 pm

I have always paid for my child , then cms got involved. I paid the arrears off at beginning as thought I had too , now they are saying as we do direct pay this is nothing to do with them and I shouldn’t of paid it , there’s nothing they can do .

Helen 19/04/2018 at 7:06 am

I've only asked for child maintenance for my 16 yr old in the last 2 years. I went through the child maintenance service. So far there has been no payment. My ex is self employed, so they can get the amount he should pay but can't attach his earnings.
From my contact with the service, they've told me they've sent the bailiffs to him...in January..but still nothing. Is he going to get away with not contributing to my son's upkeep? I understand taking his driving license is next, the step before prison.
He has been in contact with the service as has tried to say he doesn't work or says my son isn't in education, which gets proved otherwise.
He also moved bank account to avoid payment.
I know he his financially secure as travels to Thailand for a month each year. Thanks

ChildSupportLaws Editor 17/04/2018 at 3:21 pm

There is little you can do if your ex is between jobs, as CMS will not try to extract the money if your ex is out of work. You can see more whichwhich should explain more.

Becks 14/04/2018 at 11:08 pm

I have 2 children of 17 and 12 with my ex partner and in the 18 months since we split up he has only paid about 2 months of maintenance for them. He didn't bother to pay directly to me even when given a chance so it had to be done by collect & pay which took months and months to set up then he left his job 2 months later and since then it's taken another 5 months to be set up again with his new job though I have still got to wait till end of next month to start getting payments. Now he has gone for another job interview so it looks like I won't be any payments in the near future yet again. He currently owes me thousands and I need to know what action to take now please as I've just had enough of waiting.

ChildSupportLaws Editor 06/04/2018 at 11:01 am

These are two separate issues and should be looked at as such. Yes, you have to pay arrears, if you owe arrears from when the children were young. If you wish to claim child maintenance from the child's mother that is up to you and is a completely separate case.

Steve 05/04/2018 at 3:08 pm

Hi I need some advice. I have two children with my ex partner. There ages now are 16 and 18. I’ve had custody of them now for the past 10-12 years and have never asked her for a penny. Now the child maintenance want me to pay arrears from when the children were young and with her. I’ve always supported my kids since birth.Ive brought kids up on my own for last 10-12 years. Is there anyway of resolving this without paying her.

ChildSupportLaws Editor 22/03/2018 at 10:38 am

You would also have to request consent from the children's father to change their surname. If he refuses, then you would have to apply to court

Dig 21/03/2018 at 2:55 pm

My ex husband hasn't been in his children's life for the last five years and hasn't paid a penny either my partner would like to adopt the children but their father said no way does anyone know if I have the tight to change their surnames at least

ChildSupportLaws Editor 06/02/2018 at 3:39 pm

The best way to come to a financial separation is to agree one between you. You have three alternatives; agree amicably, agree through mediation, or continue to disagree and let the court decide. One and two mean little costs are involved and allow both you and your husband to come to a mutual decision. The third option will cost. Therefore, discussion with your husband regarding what you both think is fair is the best way forward. However, only one of your children is entitled to child maintenance payments. Again, you can come to a decision regarding this matter, based upon the child maintenance calculator here .

Bonnie2018 06/02/2018 at 12:16 pm

Hi, I hope somebody can help me with this. I live with my husband and two adult children who are aged 19 and 24 years. The house does not have a mortgage as we have paid it. I am considering getting divorced because there is a number of problems in the marriage. The two kids / adults would come with me if I purchased another property. If we sold our property that we currently lived in would the amount be split 50 / 50 by law. As it does not seem fair that I would have to provide for three people as compared with my husband buying himself a place for himself. I know the kids are over 18 years old and are adults but one is in full time education at Uni but lives at home. The other is in a full time job. Thanks for your help.

Kieran 24/12/2017 at 10:36 am

Am struggling to keep up to date with this one month payment to child support am very good at paying it and haven’t missed a payment and Christmas is the only time I struggle financially will they be able to work with me to set up a repayment plan

ChildSupportLaws Editor 22/12/2017 at 11:09 am

Unless you are convinced your ex has significant earnings and is living a lifestyle beyond what his specified income suggests, then taking the matter to court can backfire. The court can look at his accounts in depth and will do so more than CMS can. However, if his bank account is empty and he is not paying tax through HMRC or anywhere else, then there is little the courts can do. If you are convinced he has a healthy bank account derived from earnings, then you may have a case and therefore legal advice is recommended.

Kathy A never L 21/12/2017 at 7:58 pm

My ex husband has not paid for the past 2 years, he has left his job to avoid attachment of earnings, he flits back and forth to Spain to delay things, he is not on HMRC radar, he owes me £8k and is now having the cheek to contest the income and arrears!! So now he’s been given 3 weeks (extended because of Christmas) to send in payslips... yet I am still financially down and he has more time to disappear again for another few months, can I go privately via my solicitor to court and have him dealt with? he refuses to give me an address of where my children go to when he has them at very random occasions, I will not allow them to stay overnight until I have a residential address for where they will stay.

ChildSupportLaws Editor 12/12/2017 at 3:16 pm

You can claim child maintenance retrospectively, only if you have an existing child maintenance claim in already. If you have never claimed before, then you cannot claim back pay.

Sally 12/12/2017 at 1:48 pm

If the child has turned 21 can i still claim for 10 unpaid years of maintenance

Em 23/11/2017 at 4:28 pm

My partner has two ex’s in which he’s been paying both child support but not gone through csa, one ex has now made a new claim which then brought up his old claim from his other ex and because they both wanted more money the both decided to go through csa and get a schedule of payments put in place it’s now taken then 8 weeks to sort this claim out, because he didn’t change curcumstances and employment details they are now saying he’s in £2000 arrears but was never told these the case was still up and running until he got a review letter and the other ex decided to go through them again! He’s now been told to pay one ex £75 a month and the other £300 which financially on our side isn’t possible as I also have two children of my own the our household! He’s been told to prove that he’s been paying every month for the last 3 years and they have said it may turn out he’s been paying them too much so they may end up oweing him! Should we still pay the maintenance and arrears their asking or can that wait until they have received his bank statements and they can recalculate it?

WantTowork 26/10/2017 at 2:21 pm

I am looking to return to work after long term sick however I am paying arrears for child support and other debts, bills etc. My concern is I will return to work and the CSA will do an attachment of earnings which will then leave me in a worse position than I am on benefits financially. How can this be avoided?

Leon 05/10/2017 at 8:37 pm

Can someone please give us advice I have always been paying my ex maintenance since she got the full costing of my little girl but last year child maintenance have done a massive mess up and haven’t renew my payment and apparently my payment should of gone up which I wasn’t aware of it now my payment has been sorted but I am now on £998 arrears I have offers my ex £200 a month to pay as my maintenance is now £170 and £30 on top to pay off the arrears but she won’t have any of it and wants the full payment and she said if I don’t pay it this month she will switch the payment to click and collect which then I have to pay more for the service I haven’t missed any payment at all but she won’t come to any agreement is there anything I can do I can only afford £30 extra on top of the maintenance

Claireloliver 24/09/2017 at 9:13 pm

My ex husband currently owes over £5000 in arrears. Cms take payments via deduction of earnings yet still payments are few and far between. My son is 14 and so far they are not taking any extra to start paying off arrears as he tends to then leave his job to avoid it. But what happens when he no longer has to pay regular amounts as my son is 18, will the arrears still be collected or just forgotten about

STOC 22/07/2017 at 12:13 pm

Hi,
Wondering if anyone knows the answer to my query.
My child maintenance agreement with the CMS is due to come to an end in August this year with my twins having turned 18 and exiting further education.
A small amount of arrears are in place (£1000) as a result of delays in calculations when my case was with the CSA not as a result of any payments that I have missed.

My questions re my situation are as follows:

1. Do the CMS have any jurisdiction over me once the children no longer qualify for maintenance?
2. Can I choose to pay the children directly?
3. Am I in a position to dictate the monthly amount the I pay towards the arrears.

Thanks for any help in advance.

ChildSupportLaws Editor 13/06/2017 at 3:48 pm

If you feel you have been treated unfairly, your only recourse is to complain

othersideofthepictur 06/06/2017 at 8:23 pm

as a non resident parent I pay my maintenance each month directly to the parent with carry, due to errors made by the csa I accrued arrears ( they never changed my calculation when I was made redundant and was unemployed for 9 months even though they had a copy of the redundancy letter) but managed to get this resolved which took about 3 years and endless phone calls . since my case has moved over to the supposedly better maintenance service ( they still took 26weeks to do a calculation when my wages changed) they have now decided my arrears are back to amount before it was resolved and are refusing to look into it. in my eyes they are as bad as the initial incarnation of the csa and will most likely resort to the same under handed tactics that cause unnecessary tension between separated parents.

Jenny 05/06/2017 at 3:11 pm

My ex-husband has avoided paying full maintenance for his only (disabled) son sine we divorced 11 years ago. He even lied to the judge about how many properties he owns.
The CSA finally acceoted my variation while doing their final accounts. They picked a random date to backdate to.
How far can I get the maintenance back dated and will I be able to add interest?

ChildSupportLaws Editor 09/05/2017 at 12:42 pm

If you think you are being treated unfairly, your only recourse is to complain

Jane 08/05/2017 at 7:46 pm

Hi I am owed over £7000 from two NRP and have been for 4 years now! One of my cases was with the child support agency and they were getting regular maintenance every month for me via deductions of earnings, they were also quite good at getting some of the arrears for me,now that case has gone over to the CMS and the NRP is refusing to pay the £2800 he owes in arrears, he has an income of over £55000 a year but doesn't own anything i.e.: house, car that's worth anything, my other NRP owes £4800 and is also refusing to pay! I have been to my MP the citizens advice and also rang bailiff companies up today to get some help from somewhere! Nobody can help collect the arrears for me! I'm owed over £7000 how am I going to get my money?? Please help! I'm getting really stressed with it all

ChildSupportLaws Editor 24/03/2017 at 1:44 pm

A claim for child maintenance can only be backdated from the date you first made the claim.

ChildSupportLaws Editor 24/03/2017 at 11:07 am

In 2008, the government published a consultation document stating that it was unable to bring to account a percentage of uncollected child maintenance arrears legacy and where it saw no way of being able to collect the money, the arrears would have to be written off. Your only recourse would be either to complain again, or seek legal advice about taking the matter to court. However, in order to take the matter to court you would have to have a strong case otherwise it could end up costing you a great deal of money if you lose. If your ex has managed to abuse the system through avoidance methods i.e being self-employed and not declaring his full income etc, it is very difficult to prove and this, and this type of avoidance still goes on today. As collections are based on HMRC figures of tax paid, the CMS still finds it impossible to try to collect money where a self-employed NRP only declares a certain income etc. Therefore, you would need to seek legal advice to see whether you have a case.

Patricia 24/03/2017 at 6:14 am

My daughters dad left us when she was 1 years old and he saw her on and off until she was 2 and half then we heard nothing. He never contribute toward the cost of up bringing and csa never did anything about it even though they had all his information. My daughter managed to find her dad via Facebook when she turned 16 and sent him a message it took him a year later to reply. They met up 3 times after my daughter begged him to and asked him for £30a week for cost of living. He replied with insults and bad language. She's now 19 years old and hasn't heard from him for 1 and half years now. Child meateance is now trying to claim money from him but are struggling even with the attachment to earnings Warren. Is there anyway of getting any back payments from him for all the years he hasn't contributedone?

Jo 23/03/2017 at 7:10 pm

I opened a CSA claim when it first started operating over 23 years ago for my two sons my youngest just 6 mths old. My now husband adopted then about 9 years ago at which point their natural fathers obligations ended other than for outstanding arrears. CSA Failed to collect any money from their father in 23 years not a single penny. I rang numerous times over the years with promises of calls back but I never received a single call ever. I constantly complained about this whenever I called but still it kept happening. I was passed between systems over the years due to being such a long standing case and even told they could not trace the full amount owed to me because I was an old case and arrears only calculated over a certain period of time. When my husband adopted my children I was given an outstanding amount owed by their father and that this would incur interest until paid. Over the years no enforcement of any kind was ever taken by CSA. Although I was told many things from bailiffs, deducting from benefits, earnings etc and then told this had now changed and they could not take action. I even asked to take him to court myself but they told me I could not. When CSA first started and with teething problems their father easily manipulated the system and jumped between benefits and employment in order to avoid CSA deductions although he remained at the same address and is self employed and has 4 other children with is new partner that lives he has managed to financially support. I am owed over £30,000 not including interest and have not heard from CSA since they last promised to look into my case again over 5 years ago. It seems no one knew how to handle my case so did nothing to try and enforcement payment from him over 23 years. Surely this is neglegent on the part of CSA and they should be held accountable for their failings. I struggled for many years as. Single parent and as a result have no savings for my sons as I could not afford to save as I had no financial assistance from their father. I would like the money outstanding to me to give to my sons towards a deposit on a home for them, what action can I now take???

ChildSupportLaws Editor 02/03/2017 at 10:45 am

It is certainly worth seeking legal advice regarding this and/or talking to the CMS directly about pushing the matter forward. The difficulty in giving a reply to this question with more specific advice is you don't say whey he has managed to avoid CMS to date and owe so much money. If you take the matter to court, the court will attempt to trace your ex and look into his finances in depth. However, you would have to have a solid case as you could be issued with court costs if you lose (i.e if he can prove he is not earning enough to pay child maintenance and/or more specifically, does not have the retrievable assets for the court to access in line with the back pay he owes).

ChildSupportLaws Editor 01/03/2017 at 12:46 pm

Your only option is to seek legal advice about taking the matter to court. A court would look more in depth into your ex's finances. However, you would have to prove he is earning this money and not his wife. Also, if he is self-employed it can be very difficult to prove. If you think you have a solid case, then I would advise you at least explore this option.

jj 01/03/2017 at 11:21 am

i have been fighting for years to get maintenance tracking and tracing my ex he now after 18 years still owes me £23,742 I may get £140 every now and again I want to know can I get a liability order out on him I will never get this money I have a right to this and have worked all my life to provide for my children he works I want to escalate this how can I do this

Samx 28/02/2017 at 10:50 pm

My sons dad owes me 1000s in maintance, but ive heard that he is immagrating to australia with his new wife. Is there anything i can do to get my money? I know him and his wife are working they have aa few bought houses fancy cars etc! Cms not helpful they have been sending me letters for years every month to tell me they haven received money from him again but do nothing.
ADVICE PLZ.

ChildSupportLaws Editor 03/01/2017 at 12:37 pm

If you take the matter to court, your child/children will not be taken from you. You can see how much your ex should be paying via the CMS calculator here. You may also wish to speak to the CMS directly (if you and your ex have a family-based child maintenance arrangement). You don't say how long you have been divorced for, but many divorce agreements regarding child maintenance payments do not take into consideration inflation. Therefore, it may be that you could be entitled to more money, not less.

divorcedmom 02/01/2017 at 7:01 pm

I am currently having a problem with my ex paying maintenance every month he pays in drips and drags and I always have to force him or nag him for it, he is 2 mnths behind I know he has a drinking problem and prob a gambling problem aswell. He decided on the mainenance amount himself when we divorced. Now he's threatening me if I take him to maintenance court he will make sure he gets full custody of my son can this happen? Also would they make the amount less? I need the money as my son will be starting grade R soon and school stuff and fees are expensive?

ChildSupportLaws Editor 07/12/2016 at 12:18 pm

You would have to take this up directly with the appeal/complaints panel. Please see gov.uk which

Ckt407 06/12/2016 at 8:27 pm

I divorced from my wife in 1991 and one child remained with me and tmourbother child with my ex. I gave the house To my ex wife and she sold this and moved on

21 years later the Csa has transferred something to the child maintenance service which I had no knowledge about stating my ex started a csa claim in 1995 (now 2016) and they now want arrears of 27,000.00 from me

I had no knowledge
Letters allegedly sent went to addresses I've never resided at
My ex and I have not spoken for 21 years

Was equal split

Krissy 10/11/2016 at 12:49 pm

My ex husband has not paid for his 2 children since we broke up.i set my claim for child maintance up in march 16.a deduction of earnings order was set up and the 1st payment was suppose to be 31st august.i dont no his exact address,and he transfered to another branch but with the same company at work.he is suppose to pay about £40 a week and the arrears has mounted up.i have found out his new work address and no that he works at this company 100%! My problem is that hmrc havent been able to find him or the company! (Although when the deduction of earnings was set up they did)this seems to b since he transfured branch.im told may be the company has changed name,or there is a problem at hmrc.would some 1 b able to shed a bit more light on this for me? would also like to no if the fact i claim income support affect the arrears that i am owed? Thank u

ChildSupportLaws Editor 13/10/2016 at 12:16 pm

The CMS/CSA can enforce this as specified in the article. If you are unhappy with the service you have received, you can also complain

Bebe 12/10/2016 at 4:07 pm

Hi father of my child has not paid maintaince since June. This is not the first time, previously owed 1000£. I have gone through CSA on all occasions including this one to know avail. I even at one point contacted my local MP, I do not know where he lives and he has had no contact with his son for 3 years. I'm wondering if I can sue him through my own solicitor.

tree 25/08/2016 at 1:30 pm

Hi ive arrears built up on my case of 9000. My ex works all cash in hand and is recieving child tax credits and child benefit for his other son he has custody off also income support and carers allowance. I recieve £10 a month. Can more of this not be deducted from his benefits. Im currently paying back CTC 50 a week for an overpayment. Why can amounts like this not be taken from benefits for child maintence??

ChildSupportLaws Editor 30/06/2016 at 11:17 am

You would need to seek legal advice regarding this to see whether you would have a case to claim through the courts.

Kiki 29/06/2016 at 1:36 pm

Hi my daughters father owes nine thousand in arrears. He has not paid. Now the original case is closing, can I make a new claim without it effecting the arrears of the old case. Which still need to be paid?

ChildSupportLaws Editor 23/06/2016 at 12:45 pm

You don't say whether this is a family-based arrangement or organised through the CSA/CMS. If it is family based it is unlikely you will be able to take the matter to court. However, if it is collected through an agency then an enforcement order can be issued. Therefore, as specified in the article you should inform the CMS/CSA.

l.march 22/06/2016 at 8:47 pm

my sons father works full time and lives with his new partner in rented accomadation.
his payments are sporadic and very late (7months missing and amounts not fulfilled in full) he refuses to pay the stated £168 a month.
can i take him to court or pursue the money. he has never contributed to school uniform holidays or extra curricular for his son.

i am married and my husband pays for the care of his step son.
his father holidays 4 and 5times a year and drives a newcar every 6months.

what do i do as we can not communicate without him being abusive

ChildSupportLaws Editor 08/06/2016 at 10:41 am

This is a interesting question. But unfortunately family-based child maintenance agreements are not legally binding or enforceable. This means that if your ex has stopped paying then he can’t be forced to do so through the courts. However, I suggest you contact the CMS directly to see whether it has a differing opinion.

Vikkiw 07/06/2016 at 11:56 am

My ex-husband and I have a voluntary arrangement of £40 per week paid to me for our son. His payments have become very sporadic - sometimes 6/7 weeks between. He has recently married an Australian woman, to enable her to move to the UK after all other attempts to secure a visa failed, and from this I understand that his declared income has to be of a certain level for HM Immigration services to grant a visa. He is self employed and has always assured me that going through CMS (CSA) would result in a lower weekly amount because he earns so little (he forgets we were married for 7 years and I am well aware of the cash payments he can hid away) This declared annual income that he needs to ensure his new wife can remain in the UK would result in a CMS (? new CSA) payment to me of approximately the same £40 a week - his new spouse could have her visa revoked if his income is all of a sudden below this amount so I guess he has to decide between her and paying for his son!

My question is, can I now pursue the £780 arrears he owes me through the governments Money Claim Online service, whilst applying for all future maintenance payments through the CMS?

ChildSupportLaws Editor 01/06/2016 at 10:53 am

If there was a mediation order in place and your ex dropped the agreed payment for no good reason, then yes. However, mediation is not like a court order which is legally binding, so you would have to seek legal advice because if you agreed to the change then this could be seen as resorting back to a family-based arrangement. In addition, you may also be able to apply to the court for your ex to help your daughter financially through further education. It's definitely worth seeking advice on to see what your options are.

Squirrel 31/05/2016 at 1:09 pm

Hi,
My ex husband and I divorced around 15 years ago. We went through mediation and made voluntary agreement regards maintenance which became part of our divorce settlement. However after a product of eighteen months he dropped the amount he had agreed to pay. I assumed that I would have to go through the courts to change this and couldn't afford to. I therefore didn't contest this change. Our daughter is now nearing the end of formal education and is looking at further education, we have asked her father if he could contribute but he's unwilling. Is there any way of recouping the maintenance money he should have continued to pay from at least 9 years ago ?

ChildSupportLaws Editor 23/05/2016 at 2:41 pm

Your ex can't file a new claim and ask for money retrospectively, unless she has previously put in a claim and either you have ignored it, or the CSA/CMS have been unable to track you down.

oxytocin 22/05/2016 at 10:23 pm

I'm 37. Father has never paid any maintenance. Can you claim historical maintenance? Thanks

ChildSupportLaws Editor 06/04/2016 at 2:37 pm

It is likely that if his girlfriend moves in and should they split and his girlfriend becomes the primary carer of the child, then she would be allowed to stay in the house as it would be considered in the best interests of his son or daughter.

Pixiedust 05/04/2016 at 9:50 pm

My 20yr old son with learning difficulties has a 17yr old pregnant gf, baby was her choice (i know it takes two but he does as hes told) he works, shes not long left school and lives with mam who knows the benefit system well. She wants her to stay at home for a few year so she can get the tax credits etc. Relationship seems on rocky ground & hes going to be screwed for everything hes got along with his baby. Im in no doubt he will pay but she will get everything she can out of the system & be better off with baby while he works and pays & prob stopped from seeing his baby. People going on about the men being the bad guys and not paying but theres some money grabbing mothers out there & doubtful the kids will get any benefit out of it. He needs a house but if she moves in will she be able to claim it if they split?

Shafted 05/03/2016 at 9:12 pm

Hi, I was pushed into court in Zimbabwe by my ex girlfriend of which I have a 13 year old son, I was advised poorly by a citizens help agent and appeared in civil court with no lawyer and was unemployed at the time and was coersed by her lawyer to pay a monthly sum of US$250.00 which was unimaginable to any ordinary Zimbabwean. I have recently moved here and started working as I am an EEA citizen. This month I received an email from an attorney in Zimbabwe on my ex's behalf claiming I have to pay arrears and keep up maintenance costs to date, is there any way I am able to dispute this from the UK as I was totally taken for a ride as most other Zimbabweans earning a living can never afford such amounts of maintenance and don't even earn that much in full time employment. I am at a loss as I have a family of 3 to maintain who live with me right now, a 3 year old daughter, an 18 year old dependant step daughter and my civil partner of 8 years and have just only started to make a living barely getting paid enough to afford our two bedroom flat and schooling for my now immediate family..

ChildSupportLaws Editor 23/02/2016 at 3:06 pm

No, the grandmother does not have Parental Responsibility of your child.

Rienie 23/02/2016 at 7:35 am

Can I sue the grandmother for maintenance if the father runs off

ChildSupportLaws Editor 08/02/2016 at 12:19 pm

If his pension is classed as earnings, then you may be entitled to help for your child. You don't say whether you are going through CSA or CMS. If you are, you should contact whichever directly. Otherwise you may have to seek some legal advice. The Citizens Advice Bureau may be able to help.

baby 07/02/2016 at 5:29 pm

my baby's dady has resigned and he has stopped paying maintanance, what can i do to ensure that i my baby get a potion of is pansion.

ChildSupportLaws Editor 03/12/2015 at 2:46 pm

If he is working on a casual/illegal basis then it is very difficult to obtain money from him. If he is working legally and not divulging this, then the CSA would be able to get his earnings from the HMRC. If he is self-employed then it can aslo be difficult to obtain child support as it depends on what he declares, which is always registered a financial year behind. If you feel you have been treated unfairly by the CSA, you can complain, I hope this helps.

Sammie 03/12/2015 at 10:32 am

Hi, I have been claiming child maintenance from the non-resident parent via the CSA for ten year now. And for the 10 years, the non-resident parent has done everything in his power to avoid making payments. From disputing parentage, to paying £10 a fortnight for a month and then failing for another three months or until I realise and have to contact the CSA again, who then writes to me saying that they have started this up again and it will be a further 10 days before a payment shows. It just seems very unfair and the CSA mention nothing about the arrears he has accrued either.

I believe that somehow he is playing the system, as he has said that he is on jobseekers and cannot afford more than £10 per fortnight for maintenance, however he has been seen multiple times to be working in different shops in the area.

I would like to know what to do and how to go about 1) claiming the arrears back and 2) investigating whether or not he is working and ensuring that he pays child maintenance each fortnight without being able to not pay whenever he feels like it.

ChildSupportLaws Editor 04/08/2015 at 12:43 pm

@Ashy - I'm afraid contact and child support are different areas - just because he may not be able to pay, shouldn't mean that he should be withheld access to his son whom I assume he is very connected to emotionally. You don't say why he hasn't paid. Have you applied for child support? If you haven't, then you can access advice whichI hope this helps.

Ashy 01/08/2015 at 9:16 pm

My son is nearly 7 yrs old. I have never had a penny from my ex. Never offered. I have a contact order now for the past 6 years could i stop him from seeing my son. I cannot to go all the time for contact.

Sal Editor 09/06/2015 at 10:57 am

@MrPotter - the payments are based solely on the paying parent's income.

MrPotter 06/06/2015 at 2:53 pm

If the receiving parent (now in a new relationship) has a larger combined annual income than the paying parent will the paying parent now pay less maintenance?

Catwoman 05/01/2015 at 4:44 pm

I receive child maintenance from my ex husband for my 12 year old daughter, as part of a consent order, which is less than 12 months old, lodged with the county court.
Although he is making payments now, he missed payments in Sept, Oct, Nov 2014, amounting to £750.00 in arrears.
I contacted my solicitor, who dealt with the divorce, consent order, etc and he advised that I contact my local magistrates court. I did this and they said because it is part of the consent order lodged with the county court, I should contact them.
I have done this today and they said procedures have changed and my solicitor has given me outdated advice, but they were unable to advise me.
I feel like I am going round in circles!!!!
Please could you advise what I need to do???

frustratedmom 05/01/2015 at 1:06 pm

My ex is refusing to pay maintenance and has done for 2 years now. He is playing the system a treat yet raving all over social media sites he is working 70 hours a week. His arrears currently stand at £2.5k and csa are simply allowing him to keep making empty promises month after month. Am I able to apply through a court to get my arrears back as I know he can afford to be paying or do I have to just wait for csa to do something? They already got a liability order granted last Feb 2013 for the £800 arrears he had at that time.

yoho Editor 29/09/2014 at 2:05 pm

@Arm , for you to be able to claim maintenance you have to be the parent that receives the child benefit - if your child is still of an age where you would be entitled to child benefit.

arm 29/09/2014 at 1:58 pm

My daughter has moved back to live with me full time.
Does this mean that I can claim child maintenance as I would be now classed as the resident parent.
Confused
can anyone help

Tache 08/06/2014 at 9:15 pm

I divorced my children's father in 2000 and we had a court/consent order stating that he paid me a certain amount each month. In 2004 I asked him if he would consider increasing the amount as he had had a promotion, earned a tax free salary, had a 4 bed detached house to himself and 2 cars. He only saw the children approximately 12-15 days per year as he works abroad.
He ignored my requests for years, until I managed to sell my house in 2012 and used some of the equity to take him to court again as he refused to mediate to resolve the issue.
The courts decided to increase the maintenance until both children have completed full time education - including university which both of them want to go to. My ex was livid and since the order was made has been very sporadic about when he pays the children their money, even threatening to stop paying. Are the CSA able to get involved? The original order was made in 2000 but the new order was finalised end 2012/beginning 2013. The CSA would get involved previously as the original order was made pre 2003. Has their jurisdiction changed on this?
Tache

ROSIE 31/05/2014 at 9:37 am

The absent father stopped paying maintenance on 3rd january 2014. It is now 30th May, am I entitled to collect the £1,300 in arrears?

Auds 01/06/2013 at 9:40 am

My ex husband decides when he wants to pay maintenance & claims cause we r divorced & I left to stay st my mums with my daughter I left him with all the debt!!i need to get te maintenance money he agreed to pay & he is on a tax free job so I would presume I would be entitled to more

red 18/12/2012 at 10:36 pm

I seperated from my husband in 2005 and brought my 3 children up on my own for the last 7 years. Although I left him with 2 business's and proceeds from the sale of our house my solicitors never managed to get anything from him. To add insult to injury he has always worked full time and yet I have only ever received £5 a week (that's £1.70 each!!) despite constant phone calls to the CSA asking how this could be. After 7 years I have now received a letter stating that he should have paid £50 a week since October 2005. Does this mean I am entitled to arrears? If so how will I receive it?? After all this time struggling it would be nice to get some justice and do something nice for my kids :-)

sazza 28/09/2012 at 6:24 pm

my son in law was in arrears with csa because of unemployment, he is now working and paying csa. the csa have been taking ove double the amount, about 40% of his wage to cover arrears.
as he is on a low wage and struggling to get straight i paid up his arrears but 3months on the csa have not reduced his payments although they promise every month that it has been sorted.
to add to this the mother of his child will not let hin see her unless he gives her cash as well.
its not always the dads that ar the bad guys!

frankie 11/06/2012 at 8:38 pm

i wish to get my monies through the csa as my ex husband is being quite difficult.

frankie 11/06/2012 at 8:35 pm

My ex husband is being very difficult at the moment, i would like to go through the csa so i dont need anymore contact with him.

swilkie 27/05/2012 at 1:41 pm

My question is, im 26 yrs old my father is now paying back dated maintenance but am I entitled to any of it??? As its all going to my mother at the moment, please somebody help me

meddy 20/05/2012 at 7:59 pm

if a parent is in arrears with child maintenance, does he carry on paying until hes paid all the back payments, even if a child is 19?

Rocket 16/05/2012 at 5:50 pm

For 8 years I brought my daughter up with no financial support from her dad despite him agreeing to £150 per month via a solicitor letter which was agreed as part of my divorce. I contacted the CSA and got nowhere fast. The CSA are now saying that they never received paperwork from myself, which I definately sent!!

Since then my x husband has claimed bankruptancy, and done everything possible not to pay maintenance. My daughter had now gone to live with him and he has gone straight to the CSA to claim money from me!!!

Is there anyway that I can get some of the owed money back!! How unjust is a system that I single handedly bring up a child for 8 years and now am getting hit by the CSA for payments??!!

scoobs 15/05/2012 at 5:42 pm

my ex husband is in rehab, we had a voluntary agreement until his alcoholism stopped him earning. I now get nothing now because the rehab house takes his benefit and i'm struggling to survive, my mortgage will soon be in arrears. Can the csa help me? or anyone else

Dutchie 09/04/2012 at 10:02 am

My son is born in Holland in 2002, and I am his mother born in Holland to.
I married his father who is a english man and we live in the UK since 2005.
Now my husband and I are seperated and I want to go back to holland with our son.
I need to know if I can do that without my husband be able to stop me or causing problems with the law for me?

brick 11/10/2011 at 9:43 pm

ive been paying csa payments regular now for the past 11yrs however in the early days while the csa were trying to get there act together they built up an arrears of nearly £7k of which i pay around an extra £100 a month,my Q is is there a way of getting a settlement figure on the arrears so that when its all finished when she's 19 i wont get another slap in the face ?????????

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