Maintenance query

[clpsmum]

So I know that my stbxh is not paying me enough maintenance. My question is can I claim this back at a later date or do I just lose it?

Presuming this is CM & not SM?

Do you claim through the CMS? Claims are only backdated to the application date.

If you don’t claim through CMS - then no. CM can’t be backdated.

I can’t advise on SM.

Child maintenance? Only to the point of the application that you make to CMS

Yes child maintenance. He's earned a LOT more this year than he did last year when the arrangement was out in place. I looked on hmrc website And looks like I'm short about £100 pw. Not gonna lie this would actually help so much but was trying not to mention it. He keeps threatening to sell house so was hoping to say well the x amount of weeks you e been short needs to come off first. Is that something I can do or do I just write it off and set up new arrangement?

Legally no. You can appeal to his good nature. Claim starts from application date.

You can claim arrears if the CMS is involved already, but not if this is a private agreement.

Is your CM based on earnings in the past year? In which case any assessment may take a while to catch up - when taxable income is assessed by HMRC.

Though note: "If a paying parent or a receiving parent (parent with care, 2003 scheme) can show that the figure supplied by HMRC for the latest tax year is at least 25 per cent different than the current income, they can request a new calculation."
www.nidirect.gov.uk/articles/how-child-maintenance-service-calculates-your-income

The CMS base their figures on the previous tax year so if you go threw CMS it just might not have caught up yet.
If you’ve got an informal agreement then is between yourselves to agree.... if you decide to claim CMS it would just be from the point at which you claim

When my husband’s salary went down 25% due to financial crash he wasn’t allowed to reduce his payments.