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Child maintenance reduction

257 replies

Istheregoldattheendoftherainbow · 11/01/2024 23:34

I earn 3x as much as my DH. This isn’t an issue at all but we’re wondering what to do when it comes to child maintenance.

DH was paying his ex girlfriend a very generous amount (at this stage no CMS involved and turns out he was paying 3x more than CMS would’ve calculated)

When his ex found out me and DH were pregnant she unilaterally reduced contact to half of what it was and went through CMS thinking she would get more money. I don’t think she realised our lifestyle was because of my salary; not DH’s.

Anyway, things have always been toxic with her and DH served a court order on her when she reduced contact which saw myself and DH gain overnight contact. Not as much as we would’ve liked but it was better than what we had.

His ex has now broken the court order by saying the children do not want to visit us, stay with us etc therefore we are barely seeing them. DH doesn’t want to force them to come but we miss them.

DH has reduced his salary and CMS would decrease by 25% at the end of the month. Is it unreasonable to reduce it to the CMS suggested level?

OP posts:
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IWouldRatherBeOnHoliday · 14/01/2024 20:23

@Istheregoldattheendoftherainbow
I'd like to offer you my perspective, as someone whose parents split up when I was sixteen. My mum received a lot of maintenance for me and my sibling, got to stay in the house (mortgage free) until we were in 20s. I resented that she was never prepared to spend any of the maintenance on anything for us other than food and bills (I had to buy clothes and Toiletries from pocket money from my dad, and later from my part time job), so I kind of look at it as not only did she not financially contribute to the last years of our childhood she also 'profited' from us living with her.

I wonder whether it would make sense for your husband to cut back his payments in line with whatever CMS says he owes, then set some more money aside for his kids for the future (Just like you're paying into an ISA for your child).
He might also like to consider writing a dated letter to each of them now, and sealing it in an envelope and leaving unopened, so that even if there is hardly any contact during their childhood he can one day give them the money towards uni/a car/a house and let them know that he did always care for them and do right by them? If he does manage to get contact with them reinstated (and I really hope he puts all his efforts into doing so) then he can even use that money towards more expensive things they might need as they get older?

vivainsomnia · 13/01/2024 12:21

can I just clear up we’ve been to court umpteen times
In 4 years time! Where do you live that the court system is so efficient?

And you said that he didn't leave her for you, so it's not even 4 years!

Can't help but think we are only getting a small part of the story here...

NeonK · 13/01/2024 11:38

Anyone considering whether to reduce their income surely looks at their financial commitments to decide whether it's viable.

For him, dropping his income if he cannot meet his financial commitments (even putting aside his children's well-being) is not viable. Is he reducing or breaking any other financial commitment or is it just the maintenance? Nowhere else he could cut his cloth to enable this drop in income?

You & he have made a joint decision for the benefit of your child. He hasn't given the same consideration to his other children (does that sound like a good dad?). And the ex is just expected to pick up the impact of that.

Pastaeverywhere · 13/01/2024 11:04

Istheregoldattheendoftherainbow · 12/01/2024 23:09

The youngest was 1. And he’s a wonderful dad thanks. Have you read any of the thread?

You know he isn't a wonderful Dad OP, you've said so on this thread. I'm not saying that to attack you or your husband. But you're clearly a very capable woman and it's always sad to see women like you folding themselves into knots to defend men like your husband and working their arses off to provide a quality of life for him. In real life people will umm and ahh along with what you say, but many will be silently judging and losing respect for you. Especially when you combine finances and then reduce maintenance, as you then become part of the problem.

MySugarBabyLove · 13/01/2024 10:22

Istheregoldattheendoftherainbow · 12/01/2024 23:09

The youngest was 1. And he’s a wonderful dad thanks. Have you read any of the thread?

Yeah, all about how he neglected (your words) his first children by never spending time with them.

All about how he hasn’t gone back to court to get access to them.

All about how he’s going part time to spend time with his shiny new baby and reducing. Maintenance for the children he’s been neglecting since they were born.

If that’s your definition of a good dad then you need to raise the bar.

MySugarBabyLove · 13/01/2024 10:16

Lachimolala · 13/01/2024 00:19

Yep. I knew this thread seemed familiar.

MMM interesting.

That thread is almost word for word the ex’s side of this story. Although OP hasn’t yet admitte here that she was the OW but I always figured that was likely.

rwalker · 13/01/2024 10:16

To be very clear u will never win
you can’t pick and choose she wanted to go through the cms when it suited

cms and court for access sounds like parental alienation

OCDmama · 13/01/2024 10:06

You think a man who dumps his infant children is a good dad? How much can a man change in at most 2 years?

Do you have any sympathy for his failed 'starter' family?

Fedupandconfused0815 · 13/01/2024 07:31

Look, you have already made up your mind. You keep justifying it because of the ex behaviour. Your DH will wreck his relationship with his children and there will be no way back. He is a terrible father, not the great dad you try to make him out. I couldn't be married to someone with such low morals. Reducing his hours and changing job to a lesser paid role so his children get less. sorry, but one cannot sink much lower than that. Doesn't matter if his ex is toxic or not but reading all your replies, I am not so sure the ex is as evil as you made her out in any case.

SideEyeSally · 13/01/2024 01:09

This man is not the prince you think he is. You are not the magical fairytale princess that changed him. He is still a toad, just one who has found a financially convenient pond to loaf about in.

Lachimolala · 13/01/2024 00:19

Ilikeblacklabsandicannotlie · 12/01/2024 23:20

Yep. I knew this thread seemed familiar.

Hankunamatata · 12/01/2024 23:42

So is dh paying 3x the amount the cms recommends at the moment?

If so then he could drop down to double the amount.

Istheregoldattheendoftherainbow · 12/01/2024 23:09

The youngest was 1. And he’s a wonderful dad thanks. Have you read any of the thread?

OP posts:
OCDmama · 12/01/2024 23:08

The right thing to do would be paying high levels of maintenance.

Your husband was a shit partner and was (and still is) a shit dad. You say you ensured you were in a good financial position before you had children, but clearly he didn't did he? And how could you have been through 'years' of hell with the ex when his kids are only 5 & 7? How old were they when he completely ditched them for you and to make his shiny new happy family? The youngest can't have been more than 3!

saltinesandcoffeecups · 12/01/2024 22:05

Justtobeclear · 12/01/2024 13:36

I have been you even down to the (slightly smug - sorry) tone on how much better my DH is with me compared to how he was in his previous relationship. His ex is very similar and we’ve been through the withdrawal of contact/parental alienation/maintenance issues.
a few things I have learnt;

  1. the dc’s hearing how much happier their dad is with you, especially from family members, is hurtful and automatically makes the dsc defensive and more aligned to their mum as they feel protective of her. this started around the age of 5 with my dss. Whilst he didn’t fully understand the context he understood me = good her = bad to family members/friends. And they will know this even if you think they haven’t heard it.

  2. whilst she is likely withholding the kids there maybe an element that they don’t want to come because of point 1) and because he has completely transformed his behaviour FOR YOU and not THEM. Whilst they are little, they will still have complex feelings about this especially the 7 year old as they may remember certain aspects of your DH neglecting to spend time with them.

  3. by him changing his job and hours he is solidifying the idea that your unit is important enough for him to literally change his life for you but he was never able to do that for them. By reducing maintenance, you are (to them) proving that as they lose out again so that your dc/unit get more of him.

  4. your salary being that much higher means they will see their sibling benefit from that in ways they are unlikely to. This is NOT your fault but you have to realise the impact that will have on them when combined with all the other points and the mum in their ears pointing out all the disparities. They are children and don’t see things in an adult way so are likely to react unfavourably to this. By reducing the maintenance (whilst they should not know) he is again cementing that the are less important to him than the child you share.

It’s a difficult situation and we are a few years on from this and things have settled after a few court battles etc. But we have learnt how our behaviours needed to be in order to be able to say to ALL children involved we did our best when they got older.

While all of this may be true (and I do think there’s a lot of it in here). The OP can’t do a damn thing about any of it. We’ll maybe the maintenance going down, but ultimately it sounds like that’s what her DH wants to do.

The fact is the SC are going to resent the half-sibling, the SM, and Dad. The ex wife if sounds like she has the victim role solidified, and the OP, does sound like she gives a damn about the SC but realistically can’t do much.

At the end of of the day if kids get through childhood with all of these dynamics with some relationship intact with the all of the step/halfs and the non-custodial parent that’s all you can really hope for.

In other words minimize damage. But realistically it’s rarely going to be a great outcome.

Gobolina · 12/01/2024 22:01

Is it unreasonable to reduce it to the CMS suggested level?

No. If the children are old enough to have an opinion on whether they visit or not, then they are old enough for her to go to work and support them too.

Istheregoldattheendoftherainbow · 12/01/2024 21:42

Yes. I know in an ideal world we would sit and not move until we have the kids with us per court order but unfortunately it’s not that simple. Imagine she called the police and the children enduring more trauma etc. it’s so hard.

OP posts:
stomachameleon · 12/01/2024 21:11

@Istheregoldattheendoftherainbow I would have let her. She needs to know he will not back down and the kids need to know he will fight for them.
He has a court order doesn't he?

Istheregoldattheendoftherainbow · 12/01/2024 21:00

can I just clear up we’ve been to court umpteen times. Last time we tried to enforce getting the children she was screaming to go or she’d call the police.

OP posts:
Mummyoflittledragon · 12/01/2024 20:25

vivainsomnia · 12/01/2024 19:35

His ex is acting out of vengeance to the detriment of the children
Or because he wasn't happy motionally there for his first kids, which OP acknowledges herself, and yet his priority is to spend one to one time with his new baby than going back to court to ask the judge to act to the fact his ex broke an established order.

He seems to just accept that his children just don't want to see him and his concern is maintenance.

That's a pretty crap dad who does that, not one who is heartbroken that he doesn't get to see his eldest kids.

Yes, I agree this could well be the case. I specifically chose to take what op is saying at face value rather than speculate as she is not going to acknowledge what you’re saying. She may, however, be able to understand my point.

EliflurtleAndTheInfiniteMadness · 12/01/2024 20:17

This reply has been deleted

This has been withdrawn by MNHQ at the OP's request.

Except Dad could push for this solution by going back to court, but won't. It's the combination of both that's the issue. He wants to drop maintenance while not doing everything he can to see his DC more.

EliflurtleAndTheInfiniteMadness · 12/01/2024 20:11

Istheregoldattheendoftherainbow · 12/01/2024 11:52

it’s morally indefensible that he can’t see the kids more despite multiple attempts. Legally he can reduce his hours/salary and Maintenance.

If you split and you ended up only getting every orher weekend would you give up on your DC? I'm betting you couldn't imagine doing what he's done, but somehow while it's morally indefensible what she's done, which it is, you somehow find what he's done acceptable.

vivainsomnia · 12/01/2024 19:35

His ex is acting out of vengeance to the detriment of the children
Or because he wasn't happy motionally there for his first kids, which OP acknowledges herself, and yet his priority is to spend one to one time with his new baby than going back to court to ask the judge to act to the fact his ex broke an established order.

He seems to just accept that his children just don't want to see him and his concern is maintenance.

That's a pretty crap dad who does that, not one who is heartbroken that he doesn't get to see his eldest kids.

Mummyoflittledragon · 12/01/2024 16:56

Justtobeclear · 12/01/2024 13:36

I have been you even down to the (slightly smug - sorry) tone on how much better my DH is with me compared to how he was in his previous relationship. His ex is very similar and we’ve been through the withdrawal of contact/parental alienation/maintenance issues.
a few things I have learnt;

  1. the dc’s hearing how much happier their dad is with you, especially from family members, is hurtful and automatically makes the dsc defensive and more aligned to their mum as they feel protective of her. this started around the age of 5 with my dss. Whilst he didn’t fully understand the context he understood me = good her = bad to family members/friends. And they will know this even if you think they haven’t heard it.

  2. whilst she is likely withholding the kids there maybe an element that they don’t want to come because of point 1) and because he has completely transformed his behaviour FOR YOU and not THEM. Whilst they are little, they will still have complex feelings about this especially the 7 year old as they may remember certain aspects of your DH neglecting to spend time with them.

  3. by him changing his job and hours he is solidifying the idea that your unit is important enough for him to literally change his life for you but he was never able to do that for them. By reducing maintenance, you are (to them) proving that as they lose out again so that your dc/unit get more of him.

  4. your salary being that much higher means they will see their sibling benefit from that in ways they are unlikely to. This is NOT your fault but you have to realise the impact that will have on them when combined with all the other points and the mum in their ears pointing out all the disparities. They are children and don’t see things in an adult way so are likely to react unfavourably to this. By reducing the maintenance (whilst they should not know) he is again cementing that the are less important to him than the child you share.

It’s a difficult situation and we are a few years on from this and things have settled after a few court battles etc. But we have learnt how our behaviours needed to be in order to be able to say to ALL children involved we did our best when they got older.

This is such good advice op and something to heed.

His ex is acting out of vengeance to the detriment of the children. Reducing the financial contribution to the CMS amount for his new job on a new salary will undoubtedly compound it.

The two together sound like a blue print for estrangement from his kids and a lifetime of resentment / therapy for them.