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To think I’m entitled to child maintenance?

164 replies

Blondeyoghurt · 08/04/2024 14:40

Hey all,

I honestly have no idea if I’m wrong or right on this one so please be gentle!

I have a nearly 4 year old with my ex (never married). He’s decided today that when she goes to school, he’s not going to pay the privately agreed child maintenance anymore. He’s told me he’s spoken to CMS and they have informed him that if I put a claim in they would just shut it down straight away, as we share our child 50/50 (this does differ sometimes as he has on call duties in his job, so may have a couple extra days with me or my mum etc).

He’s on an extremely healthy wage (just over double mine), and I am the receiver of child benefit.

I was sure that even with 50/50 custody, he would still have to pay to me - is this wrong?

I have absolutely no idea and I don’t want to cause a stir without knowing exactly where I stand.. the websites aren’t too clear in this instance😭

help please!

OP posts:
Otherstories2002 · 08/04/2024 20:07

ggggggooooo · 08/04/2024 19:56

@Otherstories2002

You actually believe that?
Well as the OP hasn't said otherwise and for sure she wouldn't leave out this little nugget of info. Then yes. I assume he is paying for stuff

Never assume anything.

AlexaPlaySomeHappyHardcore · 08/04/2024 20:05

ggggggooooo · 08/04/2024 19:52

@AlexaPlaySomeHappyHardcore

Hmm I found the calculator to be pretty accurate. And definitely put in a claim, try to be as accurate as you can about number of nights your child is in his care. The nights are the important bit in a CMS claim. Most of all though, don’t let this dick push you around.
Why is he a dick?
He is an engaged father who has his dc 50% of the time yet was still giving the OP money out of choice.

Once the child is in school he figures he will stop that as he has the child 50% of the time.

There is no indication he doesn't parent well during his %. So why is he a dick? Serious question.

People can be involved parents and still be dicks to their ex 🤷‍♀️

Imo he’s being a dick because it seems like he’s trying to bully the OP into not making a claim through CMS. He just seems really keen to put her off which I think is the behaviour of a dick. If he was so sure he’s right, he wouldn’t need to do that.

EasterIssland · 08/04/2024 20:01

Blondeyoghurt · 08/04/2024 19:40

Hey everyone,

I bit the bullet and put a claim in, I just thought it’s the only way I’ll know (thanks to everyone that pushed me to do it I needed that)

I calmly let him know to possibly expect some contact from them and the response was as expected, I’m calling his bluff and a money grabbing piece of work..

I just explained that if it comes back that no money is entitled either way, then we’ll have to discuss making sure there’s a 50/50 split money wise, which I’m not sure will last but the most I can do is make sure DD is safe and happy with me.

for reference - neither of us having any other children, I’m 25 and work a success job in hr (for those people bugging about finding a better job).

thank you so much for your help, any other experiences are gratefully appreciated!

then we’ll have to discuss making sure there’s a 50/50 split money wise,

if cms says he doesn’t owe you anything how are you going to make sure there is a 50/50 split money wise ?

Anonymous2025 · 08/04/2024 20:00

If you have true 50/50 then no he doesn’t have to Pay . If however he has a changing pattern in white it’s up to him to get the childcare for the time he needs to work , not yours . Check how many days a week she sleeps at your and at his home and go from there

ggggggooooo · 08/04/2024 19:56

@Otherstories2002

You actually believe that?
Well as the OP hasn't said otherwise and for sure she wouldn't leave out this little nugget of info. Then yes. I assume he is paying for stuff

ggggggooooo · 08/04/2024 19:54

@Sweetheart7

It's disgusting though he earns double what OP earns.
Well why doesn't the op figure out how to earn more? They have their dc equal times so she has the same opportunity to get a higher paid job. It's not on him to subsidise her forever

ggggggooooo · 08/04/2024 19:52

@AlexaPlaySomeHappyHardcore

Hmm I found the calculator to be pretty accurate. And definitely put in a claim, try to be as accurate as you can about number of nights your child is in his care. The nights are the important bit in a CMS claim. Most of all though, don’t let this dick push you around.
Why is he a dick?
He is an engaged father who has his dc 50% of the time yet was still giving the OP money out of choice.

Once the child is in school he figures he will stop that as he has the child 50% of the time.

There is no indication he doesn't parent well during his %. So why is he a dick? Serious question.

mitogoshi · 08/04/2024 19:49

Even at 50/50 maintenance is often payable

FizzyDucks · 08/04/2024 19:46

Good luck OP x

Blondeyoghurt · 08/04/2024 19:40

Hey everyone,

I bit the bullet and put a claim in, I just thought it’s the only way I’ll know (thanks to everyone that pushed me to do it I needed that)

I calmly let him know to possibly expect some contact from them and the response was as expected, I’m calling his bluff and a money grabbing piece of work..

I just explained that if it comes back that no money is entitled either way, then we’ll have to discuss making sure there’s a 50/50 split money wise, which I’m not sure will last but the most I can do is make sure DD is safe and happy with me.

for reference - neither of us having any other children, I’m 25 and work a success job in hr (for those people bugging about finding a better job).

thank you so much for your help, any other experiences are gratefully appreciated!

OP posts:
Hoplolly · 08/04/2024 19:24

@Otherstories2002 Nope.

FizzyDucks · 08/04/2024 19:22

WillYouPutYourCoatOn · 08/04/2024 18:50

And what?

I love these posts like "yeah you add up everything and demand half, that'll teach him" ha ha ha!

Let's get real. He'll tell OP to fuck off.

Why on earth do you think people just pay something if it's "demanded."

And what?

He can either contribute half of these costs or OP can stop providing them. Ex will the have to pay for it all himself for the time the child is with him. It is a valid point to highlight this to OP so no need to be rude about it.

Otherstories2002 · 08/04/2024 19:00

ggggggooooo · 08/04/2024 18:50

If they have the child 50:50 then he is paying he is paying for the child during his 50% time.

You actually believe that?

ggggggooooo · 08/04/2024 18:50

Wishitsnows · 08/04/2024 14:44

What a prince of a man not wanting to pay anything toward his child.

If they have the child 50:50 then he is paying he is paying for the child during his 50% time.

Otherstories2002 · 08/04/2024 18:50

Hoplolly · 08/04/2024 18:41

The calculator doesn't work for 50/50.

Anyhoo, it's based on nights, and in some cases CMS is still payable but generally that's when you go through the courts. Put in a claim via CMS and see what happens? Nothing to lose.

Edited to add, we're 50/50 and I don't receive any CMS.

Edited

Yes it does.

WillYouPutYourCoatOn · 08/04/2024 18:50

FizzyDucks · 08/04/2024 14:58

I don't know the answer but you should also consider all additional costs which I suspect you pay for without thinking about such as school uniform, clothes, shoes, toys, hobbies. If he wants to be a total dick then make sure you tot all of those costs up and demand half. I highly doubt he has clothes stashed at his place that he has paid for to completely clothe your child for the entirety of their stay with him.

And what?

I love these posts like "yeah you add up everything and demand half, that'll teach him" ha ha ha!

Let's get real. He'll tell OP to fuck off.

Why on earth do you think people just pay something if it's "demanded."

Otherstories2002 · 08/04/2024 18:49

cmmum2 · 08/04/2024 18:42

I have recent experience OP.

50/50 care with ex dh, court ordered. I earn 30k he earns 150k.

CMS have said I'm not entitled to maintenance.

In our case things are definitely NOT split equally. I pay for all school dinners (tried just paying for my time but he was in constant arrears), I provide the majority of clothing, shoes (he's never bought any and would have them walking around in rags tbh). I pay for school trips, clubs, sports, uniforms.

When my kids spend their time with their Dad I can guarantee they text me asking for money in their account for bus fare home, to go out with their friends etc.

He does nothing more really then putting a roof over their head and feeding them in "his" time. His excuse is because I get the child benefit that should cover everything and he doesn't need to do more.

I provided so many receipts to CMS, but it made no difference.

They didnt care about the different incomes in our case, or that day to day costs aren't split fairly. They were only bothered about the court order that says the children "live with" us both.

I got sick of fighting it and gave up.

Court orders can rarely override entitlement. If you’re awarded property or cash sum in lieu of maintenance. If there’s no court order, within 12 months, there’s nearly always maintenance due.

This calculation is based on 50/50 on salary of 150000. The paying parent can challenge in court if they feel it’s unfair. Or even put in their own claim. But to state or even imply that 50/50 means no maintenance is a disservice to women.
Your estimated child maintenance calculation£174.60 a week or £756.02 a month

LittleOwl153 · 08/04/2024 18:45

Well if he wants GENUINE 50/50 then ensure it is full 24hr period responsibility for each night... none of this my night doesn't start till 6pm - you can do school pick up / pay after school club. He buys half her uniform. Pays half her clubs, childcare on his days, half of her school costs etc. Nothing he refuses to contribute half to goes to his house.And he also takes days off when she is sick on his days not expecting you to pick that up either. You'll probably find those costs balance out what you would loose.

Hoplolly · 08/04/2024 18:45

Addictforanex · 08/04/2024 17:42

This thread just shows how difficult all this is for single parents.

I have full custody of my children (username gives it away) and get no CM at the moment since he stopped paying when he lost his job - case is open with the CMS just now as to what he should be paying if anything. How do people split the costs when doing 50/50? Keep a spreadsheet and running “IOU” total? Get the other parents permission to buy anything as it will be jointly funded? Any what goes on the spreadsheet vs what is a treat by the buying parent and not considered a cost of “maintaining” them? What if parents incomes vary hugely and treats flow freely from one parent and can’t be afforded by the other? Sounds exhausting and really difficult to manage - and the potential source of many arguments and resentments :(.

How do people split the costs when doing 50/50? In our case...we discuss anything significant like adults. School costs are given that we'll split, normally I'll pay and text him to transfer the money to me. Clothes, kids are giving a budget to spend and we both contribute equally. What else is there to split?

Treats are treats, they don't have to be matched from parent to parent, just as they wouldn't be if it CMS was payable. That's down to parental choice.

Otherstories2002 · 08/04/2024 18:43

Sweetheart7 · 08/04/2024 17:42

Your partner does have some control over this if he pays plus going halves on everything aswell that isn't down to CMS!

Wrong. Its everything to do with CMS.

cmmum2 · 08/04/2024 18:42

I have recent experience OP.

50/50 care with ex dh, court ordered. I earn 30k he earns 150k.

CMS have said I'm not entitled to maintenance.

In our case things are definitely NOT split equally. I pay for all school dinners (tried just paying for my time but he was in constant arrears), I provide the majority of clothing, shoes (he's never bought any and would have them walking around in rags tbh). I pay for school trips, clubs, sports, uniforms.

When my kids spend their time with their Dad I can guarantee they text me asking for money in their account for bus fare home, to go out with their friends etc.

He does nothing more really then putting a roof over their head and feeding them in "his" time. His excuse is because I get the child benefit that should cover everything and he doesn't need to do more.

I provided so many receipts to CMS, but it made no difference.

They didnt care about the different incomes in our case, or that day to day costs aren't split fairly. They were only bothered about the court order that says the children "live with" us both.

I got sick of fighting it and gave up.

Hoplolly · 08/04/2024 18:41

ConfrontationDoesntHaveToBeScarey · 08/04/2024 14:42

Put your details in here and it will tell you

www.gov.uk/calculate-child-maintenance

The calculator doesn't work for 50/50.

Anyhoo, it's based on nights, and in some cases CMS is still payable but generally that's when you go through the courts. Put in a claim via CMS and see what happens? Nothing to lose.

Edited to add, we're 50/50 and I don't receive any CMS.

Otherstories2002 · 08/04/2024 18:41

Itsnamechange · 08/04/2024 14:44

For 50/50 the norm is no maintenance and if you’ve never married you wouldn’t get any. That being said I’m not an expert- just a single mum myself. If I were you I’d get proper advice.

I do think if he earns more than you it’s a bit of dick move as it means your child will have a significantly more affluent life in one home than the other.

You’re completely wrong. Do not give advice like this. Ever. It’s not ok.

Otherstories2002 · 08/04/2024 18:33

It’s utterly depressing how few women actually know their children’s rights to financial support. Do yourselves a favour - never ever reply to a post like this.

Otherstories2002 · 08/04/2024 18:33

cherish123 · 08/04/2024 17:44

If it's 50:50, of course neither of you is entitled to maintenance!. I suspect at the moment, it's not maintenance you receive. It's just that you split payment childcare fees equally and your ex gives you half so that you can physically pay it altogether, rather than the nursery receiving 2 payments.

Wrong.

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