When parents separate, one of the key responsibilities is ensuring that children are financially supported.
In England, Wales and Scotland, child maintenance is usually arranged either between parents or 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 the CSA and CMS systems, and what to do if you’re owed unpaid child support.
If you need help with a child maintenance claim, keep reading to find out how you can get a free 30-minute consultation with one of our family law solicitors.
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 many nights the child spends with each parent. Because overnight stays can reduce the amount paid, it helps to have the arrangements written down, whether in a parenting plan or a child arrangement order.
What’s the difference between CSA and CMS?
The Child Support Agency (CSA) was the government body responsible for child maintenance from 1993. The Child Maintenance Service (CMS) took over new cases from 2012, and the CSA has since been phased out completely.
Key differences include:
- CMS uses a simpler calculation based on gross income.
- CSA handled older claims and used more complex income assessments.
- All CSA cases have now been closed, with parents invited to move to a new arrangement.
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)
CMS child maintenance cannot be backdated to before the claim. Payments usually start from the date the CMS tells the paying parent about the application (known as the effective date).
This means that if no formal 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. That’s why it pays to apply as soon as you can.
2. Under the Child Support Agency (CSA)
CSA cases are now closed, but when they were active, arrears could build up over several years where a 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 specific rules for enforcing old CSA debts.
Can the court order backdated child maintenance?
In some cases, a parent can apply to the family court for child maintenance instead of using the CMS. This usually happens where the CMS does not have jurisdiction, for example when the paying parent lives abroad, or where extra costs are involved, such as private school fees, a disabled child’s needs or top-up payments for very high earners.
The court has some flexibility over when payments start, but the circumstances in which it will order maintenance for an earlier period are limited. If you think this applies to you, take advice early.
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 effective date, it can and does 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, outstanding arrears from previous CSA cases can still be enforced in some circumstances.
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 England and Wales 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. We do not offer Legal Aid.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
