CSA advice forum » Child Support Agency

Backdate maintenance?

(2 posts)
  • Started 3 months ago by Richard88
  • Latest reply from mr.pink

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  1. Richard88
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    I have always paid my ex the amount I should for our son, though I didn't have a job for 4 weeks between December 2011-January 2012 so didn't give her as much as usual in that time. I am now employed but ex is demanding I backdate the money and pay her for the period I was unemployed..(money I don't have). So do I have to do that? She's saying I can't see my son if I don't pay her. I wasn't claiming any benefits for the period I was unemployed.

    Edited to add: I have always paid in cash directly to her, never through CSA.

    Posted 3 months ago #

  2. mr.pink
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    If its a private arrangement, you can tell her to geet stuffed, although she might then formalise your arrangement by getting the CSA are involved.
    If this is becomes a CSA case, I would suggest, for future reference, you make sure the CSA know the minute you become unemployed because:-
    1. Arears will accrue at the weekly employed rate,
    2. You will only be docked around £5 /week when on benefits.
    3. You don't know how long you will be off work, and getting the CSA to recalculate maintenance is hopeless. You'll be in Court defending a Liability Order before the ink on your P45 is dry.

    If this was a CSA case, you would be required to pay the calculated weekly amount because you did not advise them of a 'change in circumstance.'
    If it's a private arrangement, try the opposite argument - no access then no money.

    Posted 3 months ago #

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