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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:
Reugny · 12/01/2024 16:42

Istheregoldattheendoftherainbow · 12/01/2024 15:14

You’re saying he should share them for the holidays like we haven’t been trying. We only get them every other weekend and any attempts for more have been flat out refused. She’s even threatened to ring the police if he keeps asking.

He should never be asking verbally. He should be asking in an email.

Then when she says "no" he needs to leave it for a few months before asking again. However there should be an event/situation that triggers the question being asked again.

This is because if she ever says "Yes" then there is written proof that can be easily used in Court to amend the CAO in future.

With these things there is a way of asking. My DP was given lots of advice when he went for a CAO from other parents about how to do it correctly.

The first bit of advice is actually avoid getting involved in the Family Court unless you have to.

Pastaeverywhere · 12/01/2024 16:38

This isn't really a step mother thread. She's asking if her DH would be wrong to reduce child maintenance. Some posters have said yes, he would be.

Another2Cats · 12/01/2024 16:27

It's interesting to see so many comments attacking the OP, yet when you look at the poll around 80% of people think that she's in the right.

There does seem to be a small number of very vocal posters here who always think the step mother is in the wrong.

Lachimolala · 12/01/2024 15:54

stomachameleon · 12/01/2024 14:59

@Lachimolala I think your comment is really sad tbh. Your children used you as a 'shield'? From their own father?

Yes. He’s emotionally abusive to me and them (physically to me). I was more than happy to take his anger over them taking it.

stomachameleon · 12/01/2024 15:18

@Istheregoldattheendoftherainbow let her. She is attempting to bully.
Please don't listen to posters telling you to step in and that your husband should be looking for better work/ not caring for your child. Why shouldn't he spend a day with your child?
Hopefully she will come round at some stage and not alienate them further.

Istheregoldattheendoftherainbow · 12/01/2024 15:14

You’re saying he should share them for the holidays like we haven’t been trying. We only get them every other weekend and any attempts for more have been flat out refused. She’s even threatened to ring the police if he keeps asking.

OP posts:
vivainsomnia · 12/01/2024 15:10

The children are at school so how good will it be that he could look after them that day but for holidays which he should share anyway.

Decrease the CMS payments but expect a rise in the amount of items that need to be bought?
I don't understand that. If he can afford to pay all those extra, why not continue to pay his normal maintenance unless he is playing controlling games?

Why not state how much he is actually paying and intends to reduce it to because that's what it really comes to, the actual figure.

stomachameleon · 12/01/2024 14:59

@Lachimolala I think your comment is really sad tbh. Your children used you as a 'shield'? From their own father?

Whatonearth07957 · 12/01/2024 13:53

Go through the CMS review. Your DH can offer more but you'll all know where you stand. Persevere with court each and every time contact is restricted/orders breached. Your resources as a SM should not be considered.

Lachimolala · 12/01/2024 13:46

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!

My kids are the ‘first’ kids and I can relate to all of this. And so can they, my daughter has therapy for it still.

Legally he can reduce his maintenance sure, but morally should he? I would be encouraging him to get a new job in order to provide for all children. As opposed to dropping days and taking new roles with huge pay cuts, especially as there’s no need. It’s a want and a privilege to drop the day, not a necessity. Only made possible due to OP’s wage but meaning the first children suffer.

And yes I got accused of withholding contact as well, in reality my kids voted with their feet and I was only too happy for them to use me as a shield and an ‘excuse’.

MumblesParty · 12/01/2024 13:44

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.

These are all very valid points that I hope you take note of OP. Your DH’s kids aren’t just his “former life”, that can be put away like an old toy. They’re living breathing kids who have your husband’s DNA and are going to be in your lives for ever. If you and your DH mess things up, you’ll pay for it in various ways for the foreseeable future.

cadburyegg · 12/01/2024 13:42

The children may well not want to see their dad. My dc are a similar age and don't really want to go to their dads EOW because they miss me and also he doesn't make his flat a "home" for them. I still insist they go because I believe it's important for all of us.

The dad needs to fight for contact and if that means going back to court then so be it.

Apologies if I have missed a post but I am on the fence about this because I haven't seen any actual figures.

If the CMS minimum is £250 and he's paying £500 then there is an argument to say he could drop this amount. NOT to the minimum, though, but perhaps work out a realistic figure somewhere in the middle. If however he's currently paying £300 then he should keep it at this amount.

Context matters. If ex is receiving £500 currently then dropping it to £450 (for example) isn't as big as a deal as dropping from £300 to £250 is.

No, legally he doesn't have to pay more than CMS tell him to. But legally he could quit his job tomorrow and then he wouldn't have to pay anything, but morally that would be the wrong thing to do. CMS is really the bare minimum he should pay. If he can afford to pay more then he should.

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.

sparkellie · 12/01/2024 13:23

Has he offered to do this?

Lachimolala · 12/01/2024 13:04

Istheregoldattheendoftherainbow · 12/01/2024 11:17

She’s his ex girlfriend. Not wife.

Edited

Why is the gf/wife bit even relevant?

angieloumc · 12/01/2024 12:50

This reply has been deleted

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

Don't be ridiculous.

Stressfordays · 12/01/2024 12:48

Why can't people grasp that he is wanting to have his children more and she is being obstructive? If she wasn't ignoring the court order and refusing to allow him to see them (and I see he offered to do the childcare on his day off too) then I'd think he was harsh dropping the maintenance. That's not what's happening though, she is not complying so why should he make things easier? Pay the bare bones but regularly buy the DC shoes/coats/clothes when you do have them.

Chocolatebuttonns · 12/01/2024 12:39

This reply has been withdrawn

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

PumpkinsAndCoconuts · 12/01/2024 12:39

Istheregoldattheendoftherainbow · 12/01/2024 12:03

I never ever once said that? I’m more just glad I waited until we were financially stable to have a baby. If he left me I would be able to maintain my lifestyle and baby with no maintenance from him whatsoever. His ex has put us through years of hell tbh and I’m just sick of it and I don’t think we should be punished for wanting my husband to spend time with the baby when we as a household can afford that

it seems as if your husband can afford this because he’s putting the financial burden of his choices on the two children of his previous relationship.

and more importantly: Can these children afford it? will this have an impact on their extracurriculars, general lifestyle and or meeting complex needs?

Bloom15 · 12/01/2024 12:37

@Istheregoldattheendoftherainbow but your husband can't really afford it can he - as he has other children.

It does seem to be let's punish the ex and his other children

I think the only losers here are your DH's children from his previous relationship.'I couldn't be with a man who doesn't fight to see or pay for his children

Istheregoldattheendoftherainbow · 12/01/2024 12:30

This reply has been deleted

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

Bang on. Thank you.

OP posts:
Chocolatebuttonns · 12/01/2024 12:27

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SlippyDip · 12/01/2024 12:25

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It's literally not how it's gone. Everyone is saying he has 3 kids, not that he has 2 more important kids.

Chocolatebuttonns · 12/01/2024 12:22

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SlippyDip · 12/01/2024 12:20

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Which absolutely no one has said apart from you.