Can I claim back-pay in maintenance?

SuzySu

My ex-husband pays maintenance for my 3 children and they spend every other week with me.

She had a falling out with her dad and she has lived full time with me for the past year. He has never offered to increase the maintenance to cover this, although when DS went to live with him for 6 weeks last year, he was on the phone straight away to say he was deducting money to cover this.

Can I ask for the extra money now for the months she has been living full time with me?

Krystaltips

If it's a private arrangement you could always try asking... If it's through the CSA they will only implement the change from the day you make the phone call so there won't be any back pay owed...

SuzySu

Hi Krystaltips

Yes, it's a private arrangement. I will give it a go.

galvanizersbaby

SuzySu wrote: »

My ex-husband pays maintenance for my 3 children and they spend every other week with me.

She had a falling out with her dad and she has lived full time with me for the past year. He has never offered to increase the maintenance to cover this, although when DS went to live with him for 6 weeks last year, he was on the phone straight away to say he was deducting money to cover this.

Can I ask for the extra money now for the months she has been living full time with me?

Do you pay your ex husband any maintenance for the every other week they spend with him? - if so you could speak to him about reducing that payment to cover the year your daughter has spent living with you?

SuzySu

No, the arrangement was always that he paid me maintenance and the court accepted this arrangement.

galvanizersbaby

SuzySu wrote: »

No, the arrangement was always that he paid me maintenance and the court accepted this arrangement.

You could ask your ex husband for the extra money but I wouldn't think he would be under any legal obligation to back pay you extra money for the year that your DD has lived with you (perhaps somebody in the legal field could confirm this)

I have a shared care arrangement with my ex husband for our two children but neither of us pay the other maintenance as we both have the children the same amount of time - if this arrangement ever changed we would have to re negotiate but I would be inclined to do that at the start of the period of change so to speak

Think it may depend on your ex's goodwill as to whether he will back pay

Is your DD still living with you full-time - if so could you renegotiate the rate of maintenance he pays due to the change of circumstances or would you have to do this via the courts?

SuzySu

The maintenance agreement was in place due to the amount he earns compared with the amount I earn.

The courts did not interfere in this - it was just part of the divorce proceedings and the courts wanted to make sure that appropriate payments were in place.

galvanizersbaby

SuzySu wrote: »

The maintenance agreement was in place due to the amount he earns compared with the amount I earn.

The courts did not interfere in this - it was just part of the divorce proceedings and the courts wanted to make sure that appropriate payments were in place.

Guess if courts not involved then only you know how he likely he is to agree to any back pay for your DD?