Is child maintenance backdated?
In general, child maintenance through the CMS is not backdated to the date of separation. Payments are calculated from the date the CMS opens a case - meaning the date your application is received and processed.
From what date does the CMS calculate payments?
The CMS starts calculating from the date they receive your application (or the date the case opens if the paying parent applies). You will not usually receive payments for the period before the application was made.
How far back can I claim child maintenance?
You cannot typically claim maintenance for periods before the CMS case was opened. If you separated years ago and have not yet applied to the CMS, you will not receive payments for those years.
Can CMS payments be backdated due to CMS delays?
If the CMS itself causes significant delays in processing your case, you may be able to request that payments are backdated to your original application date rather than the date the case was formally opened. This is known as an administrative delay and you should raise it directly with the CMS.
What about arrears from a previous arrangement?
If the paying parent has missed payments under an existing CMS or CSA arrangement, those are treated as arrears rather than backdating. The CMS can pursue arrears, and they do not disappear when a child turns 16 or 20.
Private arrangements and backdating
If you had a private arrangement that was not honoured, a court may sometimes award backdated payments as part of a broader financial settlement - particularly if the paying parent was shown to have deliberately avoided paying. This requires court proceedings with a family solicitor.