Backdated Child maintenance Payments Is This Possible?

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Esjaye | 09:49 Sun 02nd Aug 2009 | Family
10 Answers
Can I get backdated child maintenance due to his father deliberating underpaying.


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What country are you in? Is the maintenance court ordered?Is it dealt with by CSA?
I don't know, my partner pays his every week in cash he gives it his eldest son to pass on. He pays �60 per week for one child under 18. Child is 12. Its never been ordered its just what he gives her. It is un-declared by her and I think he his stupid for having no record or proof he pays this. Sorry my answer does not help, I just had a little moan
If there is a court order or child support is paid through the CSA
arrears can be enforced. Sadly, if you have a voluntary arrangement you cannot backdate a claim.
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I am in the UK - he is the paternal father now giving me �220 per month - he has a good job and I do believe he earns over �3,000 per month and is a director for at least 2-3 current companies in the UK.
We were not married, short term relationship curtailed due to his anger management problems. I was taken to court for child access - my baby was only 3 months when we went to court and the judge awarded him joint parental responsibility. I never went to court to arrange child maintenance nor contacted CSA for fear he would be malicious.

He is a Project Manager in the Property and Construction business, drives a Audi TT coupe - he says he will not give me a penny more when I pointed out to him that child mainenance could be as much as �600 as I have reason to believe he gets more than �3,000 per month.

I have tried to broach the subject but he says he will not give me another penny more.

See a solicitor or get in touch with CSA as soon as you can.
You really need to contact the CSA. If he refuses to pay what they order him to pay, the CSA will deduct the money fron his earnings......if he turns nasty get a court injunction.
Through the CSA you would be entitled to 15% of his take home pay. So your options are you can keep going as you are or get them involved.

Bear in mind though that they are useless and also if he doesn't earn as much as you think and their assessment is lower than you are currently getting you will be stuck with a lower amount.
If you apply to the CSA the Father will be liable for payments from the date they first contact him. The problem with someone who is self employed is it can be difficult to get information regarding their income, the assessment doesn't take director's dividends into account as income and payments are difficult to enforce so be prepared for a long haul.

When the payer is PAYE it is possible for the CSA to get information about their earnings from employers and deduct payments from pay.
Heres one for you then.......

My ex wife says she is claiming from the csa for maintenance I didnt pay, money was paid but it was cash and I didnt keep records, didnt think i would need to, fool I now know!
The thing is my two sons are now 22 and 20 years old, would the csa be able to go back and start a case off against me after all this time.....?

Any help would be appreatated, many thanks.
Hi I wonder if anyone can help?

My Husband has 2 children with his ex, when they separated 11 years ago they came to a mutual agreement regarding maintenance the CSA were not involved. It was paid every month into her bank account.

5 Years ago we decided to emigrate to Australia and his oldest son then 16 came with us so it was agreed that the maintenance payments stopped his other son was 14. However after 12 months he decided to go back to the uk and worked. My husband started to pay maintence again for his yougest son who was then 15 he paid by cheque each month. He paid it for approx 12 months but due to personal circumstances the payments ceased, his son was then 16.

We have heard nothing from her since. We are moving back to the UK in December and she is now saying that when we return my husband will have to pay her 11000 pounds for maintenance that he hasnt paid and she has been to see a solicitor (we have no idea where she has got this figure from!)

We are aware that because Australia and the UK have a reciprocal agreement regarding child maintenance she can enforce a court order to be made here for my husband to start paying maintenance, she cannot make a claim through the CSA.

She said she has been to see a solicitor to get the court order in place, and is claiming for arrears, does anyone know if this is possible for her to do as there has never been any agreement with the CSA or the courts up to now, can she say she wants to claim maintenance for the past 3 years and back date the claim? Or will it start from the date the order is made?

His son will be 18 in April does anybody know if maintenance stops then as weve been told conflicting info about this?

Any help/advice would be appreciated.

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