Wife’s ex under paying child maintenance

Edgethelegend

Hello all,

My wife recently contacted the CMS as she was suspicious of ex husbands earnings vs the money he was giving her as maintenance payments (not through CMS). CMS calculated that he should be paying £680 per month based on earnings over financial year 2017. She was only receiving £400 a month. CMS has calculated back pay but only from date of first contact, not prior year.
Does the ex need to make amends financially and is this for the courts?

Many thanks

CakeCrusader

I don't think so, no, not unless there's a court order saying that he should pay more then he has been doing. They (both the courts and CMS) can only calculate child maintenance from the date that they were contacted.

HoneyNutLoop

CakeCrusader is correct.

antrobus

HoneyNutLoop wrote: »

CakeCrusader is correct.

I believe so as well.

Basically, the former Mr and Mrs Smith have agreed child maintenance at £400 a month. The former Mrs Smith now believes, for whatever reason, that she should get more. She is free to negotiate an increase with the former Mr Smith or to involve the CMS if that fails to produce a result.