[Solved] Child Maintenance Backdated?

You only pay from when your ex partner puts a claim into CSM for you to pay child maintenance. this is not backdated. As she hasn't put a claim in you wouldn't have to pay anything. if you do want to pay use a child maintenance calculator and and pay it into your ex partners bank account. ideally they like childrens mum and dad to sort it out between themselves where possible

Thanks for your reply.

It was myself that applied to the CMS, willing to pay. I had previously paid via a Court Order but had the option to pay through the CMS instead. The ex told the CMS that I had to continue paying through the court order and refused to accept any payments through the CMS. She appealed but was told I had every legal right to pay through the CMS. Finally she has now agreed to accept payments.

I think you are correct in that the payments date from when you opened the case. My advice is that you put the money you would expect to owe (ie you monthly payments multiplied by the number of months since you opened the case) into a savings account of some sort, and write to CMS stating that that you have done so, and what your calculation of arrears is, and that you are fully prepared to pay these arrears if they can confirm the figure. That way you aren't suddenly going to be hit with an arrears bill in the future that you don't have the funds for, and by writing to CMS, they can't claim you weren't paying what you owed.

Thanks for your reply. Yes, that is what I have done as the CMS did a payment schedule from when I signed up, but, the mother refused to sign up and accept the payments.
She was allowed to complain though, mandatory reconsideration and appeal & ask for variation etc which doesn’t seem right when she’s refused even to join them.
She’s not easy to deal with, took me two years to get her divorced, broke me, then straight after the divorce hearing she told me I would never see the children again.

As long as you are making attempts to pay, and any record of her refusing are through CMS, you should be protected.

Yes, the CMS has made it clear in writing that I am willing to pay, that it is the mother that chose not to receive payments.

I have a vague recollection that if she continued to refuse to give details, then CMS would close the case. Fortunately, sounds like she's accepting payments now, so they know she's a pain, and that you are cooperating.

She certainly is. The Judge said at the divorce hearing that she was unreasonable and that no matter how much you gave her, she would always want more.
It states in the court order that she must make every effort to pay me out of the family home as I’m still on the mortgage, to enable us both to move on. She has absolutely no intention of doing that, no way. It also says if she cohabitates, then she must buy me out. It stated on an online data site of the property that another person was living at the property, gave the guys name and DOB. I gave her solicitor a copy and now the entry of the property has been removed entirely from the online site. I know she’s claiming benefits, so presumably she hasn’t disclosed that she had anyone there.
She knows the benefit system inside and out as she works part time for the DWP!
Nightmare

With the evidence you have, I would report her to DWP, and also get some legal advice about getting en enforcement to buy you out - for the sake of an hour of legal advice, it might be worth it.

Thanks for the advice.

There’s been so much that’s been happening since and before I left her and divorced her. I bought a car on finance the year before I left, continued to pay for it after I left of course, only to find out a year later that the car finance had been changed into her name 4 days later. I paid the deposit, service contract, signed over my trade in car, signed car order, had a credit check done etc.
She’d hacked my emails, social media accounts during and after the divorce and still trying. She’s told me that she has accessed my phone records through her work before.
I dread to think what else she has done.
I was hoping it would all stop, but six years on and she’s still on it!

Assume she's done everything bad and work on that basis. If you have any evidence, I'd report it to actionfraud.