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Hi, just a question really not sure if it’s been asked before. I understand the CMS cannot backdate payments from before the case was opened, but I have seen things online that mention you can take legal action if verbal or written agreements have been made between parents but not fulfilled.
what I can’t seem to find any information on and my main question is… If someone finds out they have a child they didn’t know about what would be the case in regards to backdating? Could legal action be taken on the parent who didn’t know they had a child and would they be forced to pay for the child support they’ve missed, or are they just simply required to pay child maintenance from that point onwards?
I have seen a lot of people saying you only have to pay child maintenance from when the case was opened, but say for example ‘a single mother has a 5 year old and they only now find out the who the father is, obviously they could only open the CMS case now, but would they be able to take the NRP to court to make up for lost payments despite them being unaware of the child.
Would love some more information on this I am trying to write a paper on this and finding it difficult to get more information.
thanks in advance
hi, you may find answers in this CMS booklet:
https://www.childsupportlaws.co.uk/back-pay-for-child-maintenance.html
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