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Hi,
I have a query regarding Child Maintenance payments, My ex partner went to the CSA a number of years ago and opened a case, I have always made regular payments and never withheld anything.
We ended up coming to an arrangement between ourselves as it was easier but the CSA advised my ex partner to keep the case open.
No amount was ever calculated as I agreed to pay my ex more than what I believe I was due to pay at the time.
My query is this I have got a better job since then so make a good wage. Can my ex revisit this In 10 years time and decide she wants to try and back date Payments even though I have been making substantial payments each month ( £550 for one child)
Baring in mind this is what we have both agreed i pay. I just don’t want to be hit with a large bill in the years to come.
Thanks.
Dez
Hi there
I don’t know a huge amount about child maintenance, but in my opinion, if she left the case open, I think there’s a danger of it being looked at if she asks.
Maintenance paid through the CSA/CMS is subject to yearly reviews, to take account of a change in income.
It might be a good idea to do your own calculations and adjust your payments accordingly, if you have been paying over what they would expect, youcould still be ok. Here’s a link to their calculator, just input your details and you’ll get an amount, as a rough guide.
www.gov.uk/calculate-your-child-maintenance
For one child you should expect to pay 12% of gross income, with a 1/7th reduction per week for every night the child stays with you.
Best of luck
You might find this helpful
Thanks Mojo,
I spoke to the CSA this morning and they informed me that when the case transferred across to the CMS in 2017 all cases were closed.
So my Ex partner would need to re-apply through the CMS, as I haven’t heard from them then no application has been placed as yet.
Thanks for your reply.
Dez
That’s good news.
We’ve had many Dads that have been landed with “arrears” when their cases were transferred over, so glad to hear yours was ok.
Hello Dez85
Generally, if the receiving parent makes a formal application with the statutory scheme, in your case, the Child Support Agency (CSA), it would be up to that parent to close down the case if it is not needed. If the case is not closed then there is a possibility that arrears may build up.
At the present time the CSA are in the process of ending all existing cases as the Government are closing down the organisation. If your case has closed with the CSA due to the Government changes, any arrears that may have built up would automatically be transferred to the current Government scheme, the Child Maintenance Service. If you have any outstanding arrears they will be in contact with you to inform you of these. If you would like to confirm with the Child Maintenance Service that you have no outstanding arrears, you can contact them directly.
If you would like any help or support in maintaining your existing agreement with your ex-partner, Child Maintenance options can help you with this. They are an organisation designed to provide information to parents about the choices they have for a new arrangement. They can also help and support parents with an existing family-based arrangement.
After the recent Government changes, many parents are now choosing to sort out their maintenance between themselves as it can be the quickest and easiest way of setting up a maintenance agreement. Although family-based arrangements are not legally binding, they are very flexible and can be easily changed.
There are different ways you can negotiate your agreement with your ex-partner, should you need too. They do have some supporting tools on their website at https://www.cmoptions.org that might help you negotiate your agreement.
Their Talking About Money Guide and Discussion Guide are full of information about how you can plan your conversation with your ex-partner and how to negotiate your agreement. They also point out the financial costs involved in raising a child and can give you both new ideas about what can be included in your agreement.
You can also find their Online Calculator available to calculate an amount of maintenance that the Government consider a reasonable payment. You and your ex-partner might find this a good starting point for your negotiations, if you do wish to update your agreement. This calculator is based on the new Government guidelines under the current 2012 scheme.
You can record your agreement on their Family-based Arrangement Form. Although it is not a legally binding document it can put your agreement on a more formal basis. You can also agree a renewal date for your agreement in case either of you have a change in circumstances in the future.
You may also be interested to know the Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.sortingoutseparation.org.uk/
For more information and for a more personalised service, you may wish to visit the Child Maintenance Options website yourself at http://www.cmoptions.org.
Regards
William
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