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Can arrears arise when you have informal agreement

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Anon8956
Posted by
New Member

15 Nov 14 #449256 by Anon8956

Topic started by Anon8956

Since my ex and I split he has been paying me maintenance of an amount he set. I was broadly happy with this when he was having the children but now he''s not and the payment hasn''t increased.

If I went to the CSA and asked them to calculate the amount he should pay now, then would that higher amount take effect from the time I went to the CSA, or from when he stopped having the children and so should have been paying more? Put another way, if he had to now pay another £150 a month then would I get the last six months arrears of £150pm via the CSA or I am too late to get that as we''ve been operating an informal agreement all that time so the higher amount would only start once I went to the CSA?

Grateful for any help - googling arrears of CSA is all about fathers who aren''t paying amounts the CSA has already set. Thanks.

MrsMathsisfun
Platinum Member

15 Nov 14 #449257 by MrsMathsisfun

Reply from MrsMathsisfun

The higher amount only starts from the time the csa are involved.

MrsMathsisfun
Platinum Member

15 Nov 14 #449258 by MrsMathsisfun

Reply from MrsMathsisfun

Duplicate post.

WYSPECIAL
Moderator

15 Nov 14 #449265 by WYSPECIAL

Reply from WYSPECIAL

The CMS rate will be from the date that they do the assessment.

There can''t be arrears on an informal agreement as once you no longer agree it is no longer an agreement so he could actually choose to stop paying it or change the amount at any time anyway.

Have you worked out what a CMS amount might be? Remember when you involve the CMS a lot of good will and trust goes out of the window. Are you sure the assessed rate would be higher? And worth it?

Child Maintenance Options
Moderator

18 Nov 14 #449425 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Anon8956

With you and your ex-partner having a family-based arrangement in place, it would be between you both to discuss and negotiate your maintenance payments. Family-based arrangements are not legally enforceable, therefore, parents can decide what is included within their agreement to suit their circumstances.

The child maintenance Options website has a useful tools and guides section that you and your ex-partner may find helpful when trying to negotiate your family-based arrangement. This can be found at www.cmoptions.org.

Just to make you aware that the Child Support Agency (CSA) no longer take on new applications, anyone wanting to use the service of the Government''s statutory scheme would apply to the Child Maintenance Service.

Your ex-partner’s responsibility to pay starts from around when the Child Maintenance Service contact him not from when you first make contact with the Child Maintenance Service.

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html.

Regards

William

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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