Backdating Private Maintenance Agreement

Hi there, am very new to this so apologies if my questions have been covered previously.

My partner has a 5 year old child with his ex wife who he has not had any contact with since July 2014 as his ex blocked access when he left the relationship as a result of her domestic violence towards him.

From the month he left he has been paying her £300 a month via standing order as a private agreement, neither have gone via CMS/CSA. For the first 2 years the CMS calculation states he actually over paid by £50 a month.

In 2017/18 tax year he did a lot of overtime and earned more than in the previous 3 years but did not alter his monthly payments. His pay has now decreased by £5k per year and the CMS calculator states he should only pay £290.

Even with 2017/18 being a higher earning year it still works out that he has paid her more over the last 4 years than the CMS/CSA would have claimed.

His ex has been in contact for the first time in 4 years claiming that he should be paying £330 per month. We're not sure where she's got this figure from as it still doesn't work out with what he earned last year.

So my 2 questions are:
1. Can she have found out what he earned last year?
2. If she chose to go through CMS now would they backdate based on 2017/18 higher salary or on the current lower salary? I have read that a private agreement is just that - private and the CMS don't get involved in backdating/over payments etc

Thanks in advance

Comments

  • CMS would get involved from when either party makes an application. They wouldn't back date.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,595 Forumite
    Name Dropper First Post First Anniversary
    Is the ex just assuming your partner has had a pay rise? He just needs to tell her that he has done the calculations via the website and the amount he needs to pay is £x.

    It's not like she can withhold contact if your partner is not seeing his daughter anyway. I hope you don't mind me asking, does he not want to have contact with her?
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    4 years and he hasn't gone to court for contact?
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