[Solved] Query

Hi BlueBear,

Contact and child maintenance don't go hand in hand, so her saying that she can get back payments back dated until when you started seeing him, just shows that she hasn't got the correct information.

In order for her to claim payments officially she would need to apply to CMS for them to handle the claim against you, they will only back date to the date that she first made contact with them, they can't go back before that point.

I would always say try and come to a mutual agreement if you can whether that is returning back to the agreement you had or working out a new one.

GTTS

gtts is correct - she can't backdate further than the day she makes a claim.

Contact and finances shouldn't affect one or the other. If you're having issues with either, perhaps consider going to mediation with the mother.

If you contact CMS or look on their website - there is a calculator that can tell you how much you are legally obliged to pay.

Hello BlueBear

If someone is a child's father, they have a legal responsibility to financially support their child and in the eyes of the law, it does not matter whether or not they are named on a child’s birth certificate.

In regards to backdated payments, if an application was made with the Government’s statutory maintenance scheme, your responsibility to pay would start from around the point that you are contacted by them and not from when the application is first made. This means that unless there has been a statutory case in place, no arrears would have built up.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.

The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: https://www.sortingoutseparation.org.uk/.

Regards

William

Thanks for comments. However it seems she is referring to a law in 2006 where fathers not named on a birth certificate have parental rights and responsibilities still? (Apparently)

Thanks for comments. However it seems she is referring to a law in 2006 where fathers not named on a birth certificate have parental rights and responsibilities still? (Apparently)

The only way she can enforce payment is through CMS (assuming there wasn't already a court order in place), and as stated above, that's backdated to when the case is opened.