Backdating child maintenance
Although you have mentioned 'maintenance' in your question, this can be by agreement or by court order so I will answer as though firstly you have put in a claim with the CSA/CMS and secondly as though you haven’t already put in a claim.You mention that for a long time you received nothing, but this then changed to £9 a week.The person named as the parent has to pay this until they can prove that they’re not the parent.When a child maintenance amount has already been worked out, the person named as the parent has to pay until they can provide evidence they’re not the parent.Back to top The CMS will only become involved at the request of a parent, and only as long as there is no Court Order in force already regulating payment.If you have arranged child maintenance through a private agreement, the CMS and the courts will not usually become involved, unless one of the parents thinks things need to be looked at again.If receipts are unavailable, it's helpful to the court if parents can present communication records or perhaps a witness that can attest to the fact that the non-custodial parent has provided support for a child. Before mandating retroactive child support, a court will consider the factors mentioned above, as well as other considerations, such as whether or not the non-custodial parent is financially able to pay back child support.Parents should check the laws of their specific states for more information on retroactive child support payments.
An overpayment would generally relate to a liability arising under a child support assessment.To establish a claim in child support proceedings for back child support payments, a custodial parent should be prepared to: A parent may counter a claim for back child support payments by presenting proof of support in the way of receipts for clothing, food, and other expenses.Often a parent who has not or could not provide monetary payments may provide other means of support such as regular child care.When the amount hasn’t been worked out, the service managing the case won’t work it out or ask for payment until the disagreement has been sorted out.I was divorced in 2007 after a 5 year marriage (including 2 years separated).
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A court will consider alternative forms of support when money is not readily available for non-custodial parents.