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Backdated Child Support

  • JoyBee
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02 May 14 #432127 by JoyBee
Topic started by JoyBee
The amount of child support I receive was worked out by the CSA in 2011 and my ex has paid that amount up until recently when I asked for it to be reassessed as I suspected he had another job. It turned out he hadn''t declared an increase in his net pay and now has to pay £60 more per month. The CSA can''t tell me when his income increased and can''t ask him for backdated child support. I want to claim the money through the small claims court, but I don''t know where he works or how much he earns to work out the amount he owe me. Has anyone else been in this situation? :dry:

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02 May 14 #432147 by sulkypants
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Courts tend to make orders for child support for one year on Consent Orders and top up child support for school fees. Then state it should be paid at the child maintenance rate thereafter and stipulate when it will stop.

www.wikivorce.com/divorce/Guides-Financi...ncillary-Relief.html

I think the new rules the child maintenance agency now are ways to encourage parties to agree on child support but you can now ask for a review annually as neither party did he possibly won''t be considered as having any arrears.

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02 May 14 #432192 by WYSPECIAL
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Probably not what you want to hear but he doesn''t owe you anything.

When the CSA make an assessment that is the amount that is payable until one of the parties asks for a change of circumstances review because there has been a change.

He wasn''t obliged to declare the increase in income until asked.

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02 May 14 #432194 by JoyBee
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The letter that we both received in 2011 informing us of the original assessment clearly states that we MUST inform them of any changes in our circumstances such as change of address, change of income or new employer. Surely that means he WAS obliged to declare the increase, which amounted to £98 per week. As an ex wife, how am I supposed to know when he starts a new job? I don''t even know where he lives.

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02 May 14 #432196 by sulkypants
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Your review date will be relevant when you asked for the review it won''t be backdated

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02 May 14 #432198 by sulkypants
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Your review date will be relevant when you asked for the review it won''t be backdated

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02 May 14 #432199 by WYSPECIAL
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Are you sure it said MUST and not SHOULD?

Under CSA there is no legal obligation to report changes of income. Under CMS you are legally obliged to report an increase of more than 25% to your gross weekly earnings

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