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My ex went through csa and I just want to know if we come to a private agreement which would be less than csa say would i have to back pay if ever she called them back up?
I was told once involved they stay involved and can order you to back pay.
Then later i was told it starts from when she claims and can't back pay if she cancelled.
The reason is I want to add money to his bank account for his future but i cant afford to do both.
It is not clear from your question if the CSA/CMS case is live or not? Meaning have they instructed you to pay a certain amount - and you are now trying to negotiate on the side with your ex?
If they have instructed you to pay a certain amount by "direct pay" and you are now trying to come to some private agreement with you ex (this is what it sounds like, please correct if I have got it wrong) then this is an incredibly bad idea.
Once raised - the CMS is a statutory liability (very similar to a tax). Would you attempt to renegotiate your "income tax" on the side? The fact you have to pay it to your ex, rather than HMRC is neither here nor there.
Although, making a private agreement is very sensible - it must only be done when there is no live and open CMS case. As you will be left exposed to ex potentially claiming you did not pay...(and the RP word is *everything* to the CMS).
So...
1. CMS only make "demands" for back payments from the date of a live and open CMS case.
2. Anything else you have heard is wrong.
3. You have no input in how the amount you pay in maintenance spent (unfortunately). The only thing I would suggest is paying the whole amount, and then suggest that your ex uses X amount for whatever it is you are suggesting. But she is under no obligation to do anything you suggest.
4. Certainly do not entertain the idea of paying ex an amount less than what CMS have stipulated and then trying to make up the difference in another payment to child...it is a sure recipe for disaster and a claim for arrears just waiting to happen...
Hello dad37
If this is a recent case it will be with the Child Maintenance Service rather than the Child Support Agency (CSA), as they no longer deal with new applications.
If you have an open case with either of the statutory services and you come to an agreement of your own, the statutory case can be closed by the parent who opened it. If the case remains open and you do not pay the amount specified, there could be arrears built on your account.
The case can be closed at any time and after that the Child Maintenance Service will not become involved again unless a new case is applied for. This means that your arrangement could be for any amount and include anything that you both agree to.
If you would like more information about the different ways that maintenance payments can be set up and to receive a more personalised service, you can contact Child Maintenance Options directly, http://www.cmoptions.
The Department for Work and Pensions (DWP) have a web application, ‘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.dad.info/divorce-and-separation/sorting-out-separation
Regards
William
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