When parents separate, one of the key responsibilities is ensuring that children are financially supported.
In the UK, child maintenance is typically arranged through the Child Maintenance Service (CMS), which replaced the Child Support Agency (CSA). However, many parents wonder how far back they can claim child maintenance, especially if payments have been missed or no arrangement was made at the time of separation.
In this article, we’ll explain the rules around backdating child maintenance claims, the difference between CSA and CMS systems, and what to do if you’re owed unpaid child support.
If you need support with Child Maintenance (CSA), keep reading to find out how you can get a free 30 minute consultation with a local fixed fee divorce solicitor in the UK.
What is child maintenance?
Child maintenance is a regular financial payment made by one parent to the other to help cover a child’s everyday living costs. It is usually paid by the parent who does not have day-to-day care of the child (known as the non-resident parent) to the parent who does.
Payments are often arranged through one of the following:
- A family-based agreement (informal arrangement between parents).
- The Child Maintenance Service (CMS).
- A court order (used in specific circumstances, especially where CMS does not have jurisdiction).
The amount paid depends on the paying parent’s income, how many children they are supporting and how much time the child spends with each parent.
What’s the difference between CSA and CMS?
The Child Support Agency (CSA) was the original government body responsible for administering child maintenance from 1993 to 2012. It has now been phased out and replaced by the Child Maintenance Service (CMS).
Key differences include:
- CMS uses a simpler calculation based on gross income.
- CSA handled older claims and used more complex income assessments.
- Most CSA cases have now been closed or transferred to CMS.
Can child maintenance be backdated?
There are many reasons why a parent might need to backdate child maintenance.
In some situations, one parent may not have contributed financially for a long period, placing the full responsibility on the other. Others may not have known they were entitled to claim or may have delayed starting the process due to personal or emotional reasons.
Whatever the background, seeking backdated payments can be an important step in ensuring a child receives the financial support they should have had all along. Whether or not child maintenance can be claimed retrospectively depends on the type of arrangement in place and whether you are dealing with CSA or CMS.
1. Under the Child Maintenance Service (CMS)
In most CMS cases, child maintenance cannot be backdated to a time before the application was made. The earliest a parent can receive payments from is the date they contact CMS or the date they submit the application.
This means that if no formal CMS arrangement was made at the time of separation and the paying parent didn’t voluntarily provide support, CMS cannot claim missed payments for any earlier period.
2. Under the Child Support Agency (CSA)
CSA cases are now closed, but when they were active, some arrears could be recovered – even going back several years – provided the original claim had been opened and payments were missed.
If you had a CSA case with arrears, the government may still pursue unpaid child maintenance. However, there are time limits and specific rules for enforcing old CSA debts.
Can the court order backdated child maintenance?
In some cases, particularly where the CMS does not have jurisdiction (for example, when one parent lives abroad or where private school fees are involved), a parent can apply to the family court for child maintenance.
The court can sometimes order maintenance to be paid retrospectively, especially if:
- There was an existing order that has not been followed.
- One parent deliberately avoided their financial responsibilities.
- There is strong evidence that the receiving parent was financially disadvantaged by lack of support.
Court-ordered child maintenance is often more flexible, but it usually applies in limited circumstances.
What happens to unpaid child maintenance?
If child maintenance is unpaid under a formal CMS arrangement, the service can take enforcement action. This may include:
- Deducting money directly from wages or bank accounts.
- Using bailiffs to recover funds.
- Taking the parent to court.
Unpaid child maintenance can build up over time as arrears. While CMS won’t backdate claims to before the application date, they can and do pursue missed payments after a claim has started.
If you believe you’re owed money, it’s important to act quickly. Delays in applying to CMS or the courts may limit your ability to recover what you’re owed.
Can you reclaim CSA arrears?
Although CSA has closed, any outstanding arrears owed from previous CSA cases can still be enforced. In 2023, the UK government announced further efforts to collect legacy CSA debts.
However, there are challenges:
- Some older debts have been written off, especially where recovery is not considered cost-effective.
- The government may ask whether you still want the debt pursued before taking further action.
If you previously had a CSA case and believe you’re owed arrears, you can contact the Child Maintenance Service or seek legal advice to understand your rights.
Does no-fault divorce affect child maintenance?
The introduction of no-fault divorce in the UK has made the divorce process more straightforward, removing the need to assign blame. However, it does not affect the calculation or enforcement of child maintenance.
Regardless of how or why the marriage ended, both parents remain legally responsible for supporting their children financially.
Get expert legal advice for a child maintenance dispute
If you are dealing with a child maintenance dispute, missed payments or concerns about backdating claims, our expert family law and divorce solicitors can help.
We offer a free 30-minute consultation to explain your options and help you take action. Whether you need support with CMS applications, CSA arrears or enforcement proceedings, contact us today via the form below, call 0203 983 5080 or email [email protected] to speak with our team of family law specialists.
