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Hi All,
New to the forum and hoping to get some advice. CMS case just started and first payment hasn't gone out yet, my ex thought it would be a good idea and keep things simple but now having second thoughts and potentially going to close it and have us figure it out ourselves. I didn't think it was a great idea to go that way in the first place, so agree.
My concern is that now that we have opened that can of worms, the case will never be fully closed. If she closes it now, could it be reopened at any point and the start date revert back to now? Ie if she changes her mind in a year, will they potentially want backdated payments from the original start date this year - OR once closed is a new case an entirely new thing that starts from the new date it is opened?
Thanks..
Hi All,
New to the forum and hoping to get some advice. CMS case just started and first payment hasn't gone out yet, my ex thought it would be a good idea and keep things simple but now having second thoughts and potentially going to close it and have us figure it out ourselves. I didn't think it was a great idea to go that way in the first place, so agree.
My concern is that now that we have opened that can of worms, the case will never be fully closed. If she closes it now, could it be reopened at any point and the start date revert back to now? Ie if she changes her mind in a year, will they potentially want backdated payments from the original start date this year - OR once closed is a new case an entirely new thing that starts from the new date it is opened?
Thanks..
As Bill373 stated, CMS will close case if ex agrees to it, but not sure if they will back date. In my experience, when dealing with CMS, always hope for the best and prepare for the worst. This is not to scare you, I am only speaking from experience dealing with them. If you trust you ex and can work it our, good for both of you and your child/ren. Also, if I were you, whatever is agreed with ex I would have it in writing, may through a Solicitor, but again, you know your ex better and whether going through a Solicitor would upset and trip her up going back to CMS. You need a careful balance to protect yourself and child/ren from future unnecessary financial demand.
hi,
CMS will close case if ex agrees. if it opens again in future, they are unlikely to backdate payments.
hi,
CMS will close case if ex agrees. if it opens again in future, they are unlikely to backdate payments.
Unlikely? Or aren't allowed to? I'm trying to make sense of the rules in this regard.
My concern is that once a case is opened, a claim can always be backdated to original date. If that's the way it works, then it being opened in the first place is the problem and we can't undo that - and I have to keep that in mind with further negotiations.
But if when it is closed - it is truly closed - and a new claim would start from a new date and backdating can't be done - then we can start figuring it out with a clean slate.
@jema80 am not sure. You may find the answer in this decision makers guide:
https://www.gov.uk/government/publications/child-maintenance-decision-makers-guide
Theres a lot of experienced members in this group for paying parents:
@jema80 am not sure. You may find the answer in this decision makers guide:
https://www.gov.uk/government/publications/child-maintenance-decision-makers-guide
Theres a lot of experienced members in this group for paying parents:
Thanks for the link. I will read through it.
And thanks for the Facebook group suggestion. I don't have a Facebook account though, and don't really want one either!
Read through all the sections that seemed to be relevant but no clarity on my question. If anyone else any insight into this then let me know.
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