Q&As

Where a parent with care (PWC) claims child maintenance through the Child Maintenance Service (CMS), can the CMS backdate a claim to cover the period for which the PWC did not previously claim?

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Published on LexisPSL on 05/06/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where a parent with care (PWC) claims child maintenance through the Child Maintenance Service (CMS), can the CMS backdate a claim to cover the period for which the PWC did not previously claim?

The Child Support Maintenance Calculation Regulations 2012, SI 2012/2677 provide at reg 12 that the initial effective date of the maintenance calculation (ie the date on which liability begins) is the date when the non-resident parent was notified of the application (in accordance with SI 2012/2677, reg 11).

In accordance with SI 2012/2677, reg 12(2), the non-resident parent must be notified of the initial effective date:

  1. by written notice posted to the last known address of the non-

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