I have a maintenance pending suit coming up later this month. It is my understanding that maintenance can be ordered to be backdated to when it was needed (i.e. when stbx stopped paying it) and that can be before paperwork was filed. Does anyone know if this is correct or is there a link with filing of all paperwork? Filing of paperwork was delayed as STBX''s solicitors said they would get the case thrown out for being ''unduly hasty'' and asked for copies of my financials which were promptly supplied but they did not respond!
The effective date will be for the judge to decide. So back dating is possible, although in my case it wasn''t and the effective date was from the date of judgement. I expect it will depend on how you have been paying to live. I had my own savings so hadn''t gone into debt.
Maisy, My parents and siblings have been supporting us since he decided to stop paying. I didn''t have any savings to fall back on. I owe family a lot of money at this stage and would love to be able to pay them back. CNB
This needs to be your argument in court for backdating payments. Do you have signed agreements regarding these short term loans from family members?, having something in writing to prove this would help.
My Dad lent me some money too, we typed out a short agreement and signed it in front of a witness.