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AIBU?

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Child maintenance q

61 replies

Whatatodo79 · 12/03/2024 18:28

My 1st marriage broke down during IVF and my wife was pregnant with donor sperm at the time. In fact she wouldn't tell me if she was or wasn't pregnant for several weeks but our marriage was just fractured all round by the time she did tell me (she'd banned me from appointments for a couple of weeks). She had moved in with a new partner (a longstanding 'friend', who i think is quite well off, a solicitor i am told) by the time the child was born. I have been paying child maintenance as I was obliged to by the rules around IVF and accepting donor sperm as a married couple, and I didn't want more fighting, but am not named on the birth certificate and she was clear she would go to court if I tried to exert any parental rights. I have never met the child and don't have any feeling that I am a parent to them, i view the child maintaince as just some sort of tax on a previous bad marriage

nearly 10 years on i now have my own son with a new partner, which was a wonderful suprise. We are struggling for cash with only one of us working now - i think i can probably make an argument to pay less child maintenance, but i know that is judged on my income not our whole household income? As the situation is a bit unusual i don't want to make any more mistakes here

aibu i should just continue to pay the same

ainbu and maybe should ask a solicitor to do some calculations?

OP posts:
Chocolatebuttonns · 12/03/2024 20:20

TeaKitten · 12/03/2024 20:08

I didn’t say OP may be lying, they haven’t said either way whose fault the break up was or how they behaved. Just that they don’t feel they are a parent to the child. It’s you who’s decided the narrative here, I was trying to explain we don’t have all the info and it may not be as clear cut as you have decided from the very limited info available. Clearly I wasted my time.

I haven't "decided " anything. I've said what I think based on the information we have.

What else can we do?

You have wasted your time trying to convince me op is in the wrong with no further information, yes.

Itslegitimatesalvage · 12/03/2024 20:25

NorthernSpirit · 12/03/2024 20:17

I’m not legally trained but don’t agree with this statement.

By the time of the pregnancy - you had moved out of the marital home, your wife had moved a new partner in (are you sure the child isn’t his)? You aren’t named on the birth certificate (so assume you don’t have parental responsibility) and you have not met the child. You have no parental responsibility, therefore imo you shouldn’t have to pay.

If you do have parental responsibility, the fact that you have another child living with you - then yes, this is taken into account wrt child maintenance and you would pay less.

It may be worth having a chat to someone at the CMS to get advice. Failing that - I would get some advice from a family law solicitor.

This is wrong. Men do not need to be on the birth certificate nor have parental responsibility. They still have to pay child maintenance if it is their child. In IVF cases, where both parents agreed to do IVF, committed to it and signed all the paperwork, then they are the legal parents. He is the legal parent. Whether or not he was involved, whether or not she moved on with someone else, whether or not he is on the birth certificate. That child is legally his, just the same as if it was a biological link. He has to pay maintenance until the child ages out.

He chose not to fight for contact. That was his choice. Same as any father not fighting for contact with his biological child. You can disagree with it all you like. This is the law.

TeaKitten · 12/03/2024 20:28

Chocolatebuttonns · 12/03/2024 20:20

I haven't "decided " anything. I've said what I think based on the information we have.

What else can we do?

You have wasted your time trying to convince me op is in the wrong with no further information, yes.

You have presumed the mum is at fault and that the OP isn’t, which is not what the OP said either.
I think it's very off of the ex though, accepting mainyence when she'd moved in a replacement dad before the baby she was having with her ex was even born. Talk about having your cake and eating it.
**

JudgeJ · 12/03/2024 20:33

It doesn't matter how terrible your wife was. The baby was legally your responsibility and you should continue to pay.

If the OP is allowed no contact, no rights, not on the birth certificate etc then mother presumably is accepting full responsibility and that should include £££. Why should she be allowed to demand any support for her child?

Chocolatebuttonns · 12/03/2024 20:34

TeaKitten · 12/03/2024 20:28

You have presumed the mum is at fault and that the OP isn’t, which is not what the OP said either.
I think it's very off of the ex though, accepting mainyence when she'd moved in a replacement dad before the baby she was having with her ex was even born. Talk about having your cake and eating it.
**

I haven't presumed shes at fault. The opnsaid shed take them to court if they used their rights. They also said she moved in the next man before the baby was born.

Again not an assumption. Literally written down.

TeaKitten · 12/03/2024 20:54

Chocolatebuttonns · 12/03/2024 20:34

I haven't presumed shes at fault. The opnsaid shed take them to court if they used their rights. They also said she moved in the next man before the baby was born.

Again not an assumption. Literally written down.

🙄

Chocolatebuttonns · 12/03/2024 20:56

You can roll your eyes all you want. I think you've misunderstood what an assumption actually is.

SecondHandFurniture · 12/03/2024 20:58

JudgeJ · 12/03/2024 20:33

It doesn't matter how terrible your wife was. The baby was legally your responsibility and you should continue to pay.

If the OP is allowed no contact, no rights, not on the birth certificate etc then mother presumably is accepting full responsibility and that should include £££. Why should she be allowed to demand any support for her child?

Because OP signed the IVF paperwork which includes an agreement that you both have parental responsibility.

User37652 · 12/03/2024 21:02

I think you need to get proof, even just for your own peace of mind, that the man who your ex-wife is living with isn’t the biological father of the child. You said that your wife was funny with telling you about the pregnancy and maybe the dates are slightly off. This would be a great con by your ex-wife if it was actually this new man’s child and you had been paying maintenance for the last 10 years! I don’t know how you would prove it was the donor sperm’s DNA, maybe the best you could do would be to check that it’s not the new man’s DNA and then you would have to accept that it must be the donor.

DancefloorAcrobatics · 12/03/2024 21:52

@SecondHandFurniture thank you. It's interesting to read.

honeylulu · 12/03/2024 22:40

User37652 · 12/03/2024 21:02

I think you need to get proof, even just for your own peace of mind, that the man who your ex-wife is living with isn’t the biological father of the child. You said that your wife was funny with telling you about the pregnancy and maybe the dates are slightly off. This would be a great con by your ex-wife if it was actually this new man’s child and you had been paying maintenance for the last 10 years! I don’t know how you would prove it was the donor sperm’s DNA, maybe the best you could do would be to check that it’s not the new man’s DNA and then you would have to accept that it must be the donor.

I agree with this. Something sounds very off about the whole thing. Banning you from ivf appointments, not telling you she was pregnant, then miraculously finding a new partner before the baby was even born ... I can't help thinking that there was no "ivf" but a commonplace affair. She got a "sperm donation" all right.

And why was the plan to use a donor? OP has had a child since so obviously isn't infertile unless the new child is also donor/adopted.

Other posters are right that if there was ivf with you as the agreed second parent then legally he/she is your child even if you are not on the birth certificate and don't have PR. (If you were still legally married at the time of the birth you will automatically have PR. Have you ever sought a copy of the birt certificate? Would be interesting to see if the new partner is named as father. That could put a different complexion on the legalities ...)

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