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Hi all.
Can my ex wife claim back dated money from me. We have always had an agreement of how much I would pay. We got a divorce and her lawyer has now said I haven't been paying enough money over the last four years ?
Can they make me pay this ?
In a word, no. IF you don't have a CSA/CMS agreement there's no such thing. THe CMS will only start from the application bit. IF this is the route she's going down I'd advise opening your own application.
If you have an informal agreement between yourselves then as Twistons says,no she can't.
If the amount you pay was part of the divorce settlement then it can be overridden after 12 months by opening a claim with the CMS. If maintenance is under was made as a court order she could return to court and ask for the amount to be increased. If you wish to avoid this then you can open a case with the CMS yourself to prevent it.
Here's a link to the CMS calculator where you can find out roughly what you should be paying. If you pay an amount into a pension, deduct this from your income amount before inputting it into the calculator.
www.gov.uk/calculate-your-child-maintenance
Hello Gav220
If there has previously been a legally enforceable arrangement in place, child maintenance may be backdated. If an application were made to the Child Maintenance Service, The paying parent's responsibility to pay starts from around when the Child Maintenance Service contact the paying parent not from when the receiving parent first makes contact with the Child Maintenance Service.
For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
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