Child Maintenance Underpayments for 4 years

[Littlemissmuffet99]

Hi all,

I went through domestic abuse with my ex-partner and I started a CMS claim back in 2020 when I split up with him.

He is a company director and doesn't disclose all of his true income to HMRC. The CMS claim he earns £100 a week whilst he drives a £70,000 car.

It is only since April 2024 that I have began challenging his financial evasiveness as I have not had the strength or courage before.

Since I started the claim with CMS 2020 I would like to go back in time and for the Financial Investigation Unit to uncover his finances since then and to pay my son the money that he is owed which I have calculated to be around £30,000. CMS said that can ONLY go back to the time which I raised the issue, which I feel is unfair that they pin the blame/responsibility on the receiving parent instead of the paying parent.

Is it possible to apply to the small claims court to try and recover lack of payment for the past 4 years or not or is it only the CMS that are able to help?

Thank you in advance for your help.

Sorry to hear about your troubles. As far as I know the only avenue is CMS, and like you say the claim can only be backdated to when the claim was opened.

Unless you and your son are in dire need of extra cash, I would try to put the issue to rest. Forget about him the best you can, and move on.

All the best x

I was told you can ask for a financial investigation through the Cms.