[Solved] Arrears of maintenance

Hi and welcome

First, you have to understand that there is no legal link between contact and maintenance, the courts and CSA view these as distinct matters, so your liability doesn't stop because you have no contact.

Are you talking about arrears to June 2013 or June 2014? If it's 2014, then there is no issue as you haven't been paying maintenance then. If it's 2013, then I'm not sure how the CSA have calculated this as they cannot backdate before the case was opened - however if you were in dispute with your ex before December and she suspected you were going to stop payment, then she may well have opened a case in June 2013.

I would keep trying to speak to the CSA, but also go and see your MP with evidence of what you have paid, and ask them to raise a complaint with the CSA. If the case was opened in June 2013, then you are going to be liable for maintenance from when you stopped paying, but it's a matter of what proof you can provide to the CSA that the payments you made were for maintenance.

Thanks for your help, wonder if you could help again, currently got issues in the form of 17,000 arrears, 2 weeks ago it was 13,500 they sent me a letter in 2008 stating the child was no longer my liability yet have carried on assessing my, I have spoken to them and they the CMS have asked me to put it all in a letter to them with my issues about the arrears, is it wise or should I just go straight to a lawyer(problem is i'am not minted).

any one's help is most welcome

ps I only earn 900 a month now????

I copied and pasted this from a response made by our Child Maintenance Options expert on another post about how to complain. As follows -

This sounds like a frustrating and worrying time for you. When someone is not happy with how the Child Support Agency (CSA) deals with their case, there is a complaints and appeals procedure which can be followed. This includes asking the Independent Case Examiner (ICE) to look into your complaint if you’ve already been through the full complaints process and asking your MP to get the Parliamentary and Health Service Ombudsman to look into it. You can find information on how to follow this process here, www.gov.uk/child-maintenance/complaints-and-appeals.

If you would like information about the different options available for arranging maintenance and a more personalised service, you can contact Child Maintenance Options directly, www.cmoptions.org. However, please note that Child Maintenance Options cannot answer specific questions about your CSA case.

Can anyone help with some advice.
i am self employed and since november work has been non existant so i my earnings having dropped dramatically.
I have got into arrears as i couldnt afford the £200 a month. i gave my tax return in january and the amount has been altered. its just the £800 owed for 4 months before the drop i cannot afford? what shall i do?
thank you for any help

Hi

I'm afraid there is little you can do to get the arrears reduced. The best chance is to agree with the CSA for a schedule of payments to clear the arrears over a period of time.

It might also be worth having a word with www.stepchange.org - they are a debt management charity.

Evening Gents,

1st Post and new to this site.

I got divorced back in 2007 and have a consent order that was agreed by both of us that i would pay £350pm maintenance for my son until the age of 17 or until he finishes full time education. At no point was a periodic review placed upon this agreement. Also as a part of that order my ex wife was to pay me a lump sum of £14000 as my part of the equity from the marital home on the 1st Jan 2008.

She eventually sold the house last year, but has yet to pay me. I have now pushed this matter with her and she agreed to pay the money, but now she wants to re-evalute the maintenance i pay. I agree that under the CMS and the fact that my wages have increased that the monthly payment will increase by around £80 per month. No problems with that at all, i always pay my way and look after my son.

Now heres the question? As it was agreed by us both, can she now seek to claim arrears? At no point did we involve the CSA in agreeing the figure in the past. Also throughout these last 8yrs i have always helped to fund his school uniform, bought clothes etc on top of the monthly payments.

Your help is gratefully appreciated and thanked in advance

She can only claim arrears from when a case was opened so If no CSA were involved she can't claim, if you're happy with the amount you should be paying then open a case with the CMS as they are now called yourself then that takes away her always playing the CSA card 🙂

Mr Slim,

many thanks for your advice 🙂

Hi just recently I have had contact from cms to advise my sons mum had contact them and I have arrears. My problem is this is the first contact I have had with cms and when spoken to them they advised me of the amount with I then had to inform them of my circumstances and that I have 3 other children that I also pay for. Due to the new I formation they lowered the amount I would have to pay as it was firstly based on me only have one child when I actually have 4. However they informed me from the period the claim was made I would have to pay the other amount in arrears as they only had information of 1 child and not 4 so the arrears are higher than what they would be if they has all my information. I will pay the arrears but don't think it should be then amount they are stating because it's not an accurate reflection of my circumstances and I have had no contact while this claim has been ongoing the first I knew was when they contact my work to tell then the amount they wanted.

I would have a look at this and consider complaining to them https://www.gov.uk/child-maintenance/complaints-and-appeals

It seems unfair that they backdate whilst not allowing you to do the same with regards to your children.

I have just received a letter saying I have arrears of £4566.86 , I cannot afford to pay this in full as I already pay out £500 a month in child maintenance, but I could afford £50 exstra a month, other wise it's not cost effective to keep my job and would be better off working overseas.