Whether you’re paying or receiving child maintenance, knowing how much you need to pay, how it’ll be paid, and if there will be any backdated payments is ESSENTIAL.
But knowing where to find ANY of this information might seem as clear as mud at first.
Don’t worry, though – Solicitors Near Me have got your back.
Child Maintenance – A quick outline
Child maintenance, or child support, is a regular payment that contributes to your child’s living costs.
This is paid by the parent that doesn’t usually live with the child to the parent with the majority of daily care of the child.
Essentially, anyone who is the main carer of the child that doesn’t live with the father of the child will be eligible for child maintenance payments.
You’ll Need To Pay Child Maintenance If…
You’ll need to pay child maintenance if you meet the following criteria:
- You are the child’s biological or adoptive parent
- You don’t live with the child as part of their family
- You are the child’s legal parent
How Much Child Maintenance Will I Need To Pay?
There are plenty of accurate child maintenance calculators available online, but the most accurate is available on GOV.UK HERE.
There isn’t just one thing that contributes to how much you’ll need to pay – it encompasses a variety of factors, including:
- how much the paying parent earns
- how many children the paying parent is or will be paying maintenance for
- how many nights a week the child spends with the paying parent
- if any other children live with the paying parent
So, Can Child Maintenance Be Backdated?
Short answer – yes. BUT it depends on the circumstances.
If there is a significant period between and your former partner separating and sorting out the details of child maintenance, then backdating the payments to when you separated could be a possibility.
If the parent who should be paying child maintenance hasn’t been paying voluntary child maintenance, then it’d be wise to contact the CMS as soon as possible – or seek legal advice.
The only problem is the CMS can’t recoup payments that weren’t agreed upon in a formal arrangement.
So, if you only had a voluntary or informal arrangement, then it might be difficult to claim backdated payments without the cooperation of the parent required to make child maintenance payments.
BUT you might be able to take civil legal action against them to attempt to recover the missed payments through the courts.
If your former partner was ordered to pay maintenance as part of your divorce or civil partnership and they’ve stopped paying, then there may be severe repercussions.
All in all, child maintenance can be backdated for a long period, but there’s no definitive answer as to how long. Essentially, it depends on the individual case and circumstances, and it might mean going to court to resolve the situation.
What About Legal Advice?
If you believe you require legal advice to proceed with your child maintenance case, it’s worth looking for solicitors in your area that assist with children’s matters.
Get Connected With A Specialist Family Solicitor Near Me Now!