Hi TuffasFluff. Welcome to the forum. It doesn't surprise me that there is contradictory information online, the reason being that the rules are different down South than in Scotland and unfortunately some firms out there don't appreciate this.

Child maintenance arrears that existed at the time of the signing of the Trust deed are included (they would not be in an IVA in England and Wales). It doesn't matter whether you overlooked them at the time, if you advise your Trustee then they should make arrangements to seek a claim from the creditor and add that debt in.

That much is straightforward. What is less so is the effect on your Trust Deed. An extra debt being added may mean that all other creditors can ultimately expect to get less money back than they had originally been told. If the arrears are a significant sum then this effect will be more marked. As a result, your Trustee may insist that extra funds are paid into the Trust Deed to compensate - maybe an extension to the term for example. In this way they can avoid the risk that that the original creditors may accuse you of misrepresenting the situation to them in the first place to their disadvantage.

Kevin,

Huge thanks for taking the time to send a detailed reply.

If I could lean on you once more.

Could the CSA decline the request to include the arrears into the TD? As I'm assuming my child's Mum would have to agree also?

No problem. No, the Trust deed automatically covers any arrears prior to when it was signed. The CMS or the child's mother could refuse to make a claim but it would just mean that they don't receive their share of the Trust Deed pot - they would no longer have the legal right to enforce payment of the debt nevertheless.