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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Maintenance query

9 replies

clpsmum · 20/05/2019 20:45

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?

OP posts:
NorthernSpirit · 20/05/2019 21:39

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.

Pppppppp1234 · 20/05/2019 21:42

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

clpsmum · 22/05/2019 20:52

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?

OP posts:
NorthernSpirit · 22/05/2019 21:26

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

TanMateix · 22/05/2019 21:28

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

waterSpider · 22/05/2019 22:10

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.

waterSpider · 22/05/2019 22:11

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

Pppppppp1234 · 22/05/2019 22:13

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

Pipandmum · 22/05/2019 22:16

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

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