Can Child Maintenance be backdated?

 How far back can child maintenance be backdated?







Child maintenance cannot be backdated to a period before a Child Maintenance Sevice Case is opened.  

Child Maintenance Trap!

Beware the Private Arrangement Trap

In today's post, we're going to delve into a topic that affects many parents: child maintenance payments, specifically private arrangements. With the proliferation of private arrangements and online discussions, it's important to understand the ins and outs of the Child Maintenance Service (CMS) and the potential pitfalls that can arise from starting private payment arrangements when there is a live CMS case. Whether you're the paying parent or the receiving parent, sticking to the guidelines can save you a world of hassle in the long run. So, let's get started with a quick video.

The Temptation of Private Arrangements

It's not uncommon to come across stories of parents who choose to sidestep the CMS payment schedule and opt for private arrangements. However, this practice can lead to unforeseen complications down the line. It's crucial to note that if you have an active CMS case, you're obligated to follow their payment plan. Its not a guidline, its a legally backed up plan based on the income of the paying parent. Changing or deviating from the arrangement might seem like a convenient choice, but it can invite unnecessary trouble. It is of course different if there is no CMS case. The CMS have no jurisdiction to intervene into a non CMS case and a private arrangement is normally of benefit to both parties. CMS cases can not be backdated to before a case was opened.

The CMS Dilemma: Overpaying and Underpaying

One common issue that arises from disregarding CMS guidelines is the dual challenge of overpaying or underpaying child maintenance. Many parents find themselves in a predicament where they have made a private arrangement, only to be pursued by CMS for arrears due to underpayments. CMS uses a formula to calculate payment amounts, and the payment amounts are required to be paid legally, so going against this system can lead to discrepancies even though both parties may have subsequently agreed not to follow the CMS formula. THe key issue is that at any time, the receiving parent can claim that the legally binding payment plan is not being kept to, or not even paid at all.

The Importance of Compliance

To avoid these complications, it's imperative to comply with the CMS payment schedule. If you are a receiving parent, find discrepancies in the payment amount, the appropriate course of action is to engage with the CMS complaints process, although we recommend that if you are able to speak to the ex, you ask them to pay any outstanding balance. Rather than attempting to resolve the issue through private arrangements, adhering to the established system will ensure that you're on the right track. If you are a paying parent, and you dont stick to the payment schedule, your partner could go back to the CMS at any time and say you ae not paying. CMS will look at your last three payments initially and if your bank statement payments dont match the payment schedule, you will automatically be assumed to be in default. Ask yourself, do you really want to pay 20% more due to being put onto Collect and Pay.

The Collect and Pay Conundrum

Nobody wants to find themselves on the "collect and pay" path, which involves CMS taking direct control of payments and potentially adding an extra fee of 20 percent for their services. Sticking to the CMS payment schedule helps you steer clear of this path. For receiving arents, you should be aware that if the paying parent is put on Collect and pay, your paymnets are also charged a fee, and you will receive 4% less due to fees.

Avoiding Lump Sum Payments

Another pitfall to steer clear of is paying arrears as a lump sum. CMS calculates arrears into the ongoing payment schedule, which means that by adhering to the regular payments, you'll gradually clear any outstanding amounts. Paying arrears as a lump sum can complicate matters and may not align with the CMS calculations, potentially leading to more misunderstandings. For example, the Ex may ask for money early, maybe 3 months worth. If you pay it and miss the next three instalments, the money may be considered to be a gift as it was paid outside of the installment plan, and perversely, it will look like you have missed the last three payments.

Getting off of Collect and Pay

If you have been caught out by the private arrangement trap, you will have to pay an extra 20 per cent on your payments for 12 months minimum. However you can ask to be put back to Direct pay after 6 months. You do this by asking CMS to start the process. They will then insist you make a further 6 payments by direct debit, before finally allowing you to pay direct, and without a fee.

Conclusion

In conclusion, navigating child maintenance payments doesn't have to be a daunting task. By adhering to the CMS payment schedule, engaging with their complaint process when necessary, and avoiding private arrangements where CMS have not closed the case, you can save yourself from unnecessary stress and financial complications. Remember, the key is to follow the established guidelines to ensure a smooth and hassle-free journey. A private arrangement should never be set up if there is an ongoing Child Maintenance Service case.

Thank you for taking the time to read our blog post. If you found this information helpful, don't forget to like and subscribe for more informative content. We hope this guide makes your CMS journey a little bit easier. Have a wonderful day

How To Submit a SAR Request

How Do You Make A Subject Access Request to Get Your Information From The CMS, or the DWP.

What is a SAR or ROAR? Understanding Your Right to Access Information

Have you ever wondered what information an organization holds about you? In the UK, you have the legal right to request this information through a Subject Access Request (SAR), also known as a Right of Access Request (ROAR). Whether you want to know what data the Child Maintenance Service (CMS), the Department of Work and Pensions (DWP), or His Majesty's Revenue and Customs (HMRC) holds about you, this blog post will explain the ins and outs of SARs, how to make a request, and your rights under the Data Protection Act 2018 (GDPR).

What is a Subject Access Request (SAR)?

A Subject Access Request (SAR), or Right of Access Request (ROAR), allows individuals to request access to personal data that organizations hold about them. Under the Data Protection Act 2018, which incorporates GDPR, you have the legal right to obtain this information free of charge within one calendar month.

You can use a SAR to:

- Request all data an organization has about you

- Ask for copies of phone call recordings (note: you must explicitly request these)

- Retrieve data from organizations like CMS, DWP, HMRC, and even schools

In this blog, we’ll focus on how to request your personal information from CMS, DWP, and HMRC using a SAR.

How to Make a SAR for CMS or DWP Information

The easiest way to request your information from DWP or CMS is by submitting a SAR online, which is the fastest method. All CMS requests are handled centrally by the DWP.  Do not go to the CMS and ask for the information as it will delay mattters.  Here's what you need to do:

1. Online Request:  

   

DWP Subject Access Request

2. Written Request:  

   If you prefer to submit a SAR by mail, you can send a written request to:

   

   Right of Access Requests  

   Mail Handling Site A  

   Wolverhampton  

   WV98 2EF  

   

   Make sure to include the following in your request:

   - Full name

   - Address

   - Date of birth

   - National Insurance number

   - Phone number (if requesting call recordings)

3. Phone Call Recordings:  

   Remember, if you want copies of phone call recordings with DWP or CMS, you must explicitly request them. These will not be sent automatically.

The quickest way to get your information is to make an online request.  If you make a request by other methods, they willl have to write to you to confirm your request which delays matters.

How to Request a SAR from HMRC

If you need information from HMRC, the process is slightly different. You can request your data directly via the official government link:

HMRC Subject Access Request

Simply follow the instructions on the webpage to submit your request.

Tips for Making a SAR

When submitting a SAR, be as clear as possible about the information you're requesting. For example, specify whether you want records from a specific time period or specific types of data, such as CMS records or DWP communications. This will help expedite the process and ensure you receive the correct information.

Redaction

Redaction is the process where they hide other peoples information.  So you will receive pages with text overwritten in black, so it wont be visible.  That is likely to be the other parties data, which you do not have access to.

You wont be provided with another persons data, unless there is a mistake.

FAQs: Common Questions about SARs

Q1: Do I need to contact the Child Maintenance Service (CMS) directly to get my data?  

Ans: No, you don't. CMS is part of DWP, so you request your data through the DWP's online forms.

Q2: Can I ask for my information during a phone call with CMS?  

Ans: While you can inquire during a phone call, it's much faster and more efficient to use the DWP’s online SAR request page. CMS staff are typically unable to submit requests on your behalf, so always submit your SAR via the proper channels.

Q3:  Can I request call recordings under GDPR.

Ans  Yes, but you must state you want call recordings.  If you dont you will get information from the computer file only.

Further Reading

For more detailed information, here are some helpful resources:

- Child Maintenance: The Complete Guide

- Official HMRC SAR Request

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- Subject Access Request (SAR)

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- DWP data request

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- Request DWP phone call recordings

- Data Protection Act SAR

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