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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:
MiltonNorthern · 08/04/2024 16:33

EasterIssland · 08/04/2024 16:18

I just tried how much I’d have to pay my husband if we split on a 50/50 custody. I earn nearly 80k. It’s £350 a month what I’d have to pay him

And what does he earn?
if it's 50/50 then both parents could put in a claim. On £60k it says the parent would have to pay £245. On £40k it's £168. Even on £20k it's £69. So that £350 would then be reduced by whatever the other parent earns and what their payment obligation would be.

MiltonNorthern · 08/04/2024 16:28

onlywomengetperiods · 08/04/2024 16:28

Go back to the court and get full custody. Yes you are entitled to CM, your ex is CF.

Go back to court and get full custody? Are you ok?!

onlywomengetperiods · 08/04/2024 16:28

Go back to the court and get full custody. Yes you are entitled to CM, your ex is CF.

EasterIssland · 08/04/2024 16:18

Queijo · 08/04/2024 14:46

Even on 50/50 if he’s earning say £70k he’d have to pay around £200 a month, so it’s well worth putting in a claim for CMS.

If she’s not there 50% of the time due to his work it will be higher, but you need to work out exactly how many nights a year he has.

I just tried how much I’d have to pay my husband if we split on a 50/50 custody. I earn nearly 80k. It’s £350 a month what I’d have to pay him

Angelsrose · 08/04/2024 16:16

MiltonNorthern · 08/04/2024 16:14

When you weren't married to him?
Without wanting to kick you when you're down, this was a really poor decision. This is why women who earn less than their partner shouldn't have kids without being married, and if they do, they should cling on to their financial independence with all they have.

I wouldn't be too harsh on the op. From what I've read on mumsnet, married women often don't fare much better if their ex-husband is determined to keep their cash hidden.

MiltonNorthern · 08/04/2024 16:16

titchy · 08/04/2024 14:55

Parents should be providing proportional to their income - that's why CM is a percentage of income not a flat rate. It's a perfectly fair system and one that the CMS is based on.

Just put a claim in. If he has to pay he'll find out. If he doesn't they'll just say they won't process it.

No they don't have to provide proportional to their income. Each parent has the chance to work just as much as the other does. Why would the higher earner have to subsidise the lower earner? Honestly, why?

Angelsrose · 08/04/2024 16:15

Op don't fear "rocking the boat" and quietly paying for everything whilst your ex-partner hoards his cash. Find out what you're eligible for and put in the claim. It doesn't sound right that he can just decide to stop maintenance payments.

MiltonNorthern · 08/04/2024 16:14

Blondeyoghurt · 08/04/2024 16:04

I just want to jump on the back of this one and say it’s actually so hard to hear something like this when I have worked my socks off to get into the career I’m in.. I spent the first 2.5 years of DDs life taking a back step so that he could further his career.. so some things are easily said than done I guess

When you weren't married to him?
Without wanting to kick you when you're down, this was a really poor decision. This is why women who earn less than their partner shouldn't have kids without being married, and if they do, they should cling on to their financial independence with all they have.

Springtime43 · 08/04/2024 16:06

It's disgusting though he earns double what OP earns. I have to confess that I'm glad I'm not doing a 50/50 split because it is tricky who pays for trips, school uniform, trainees, shoes or whatever. I can absolutely see how not everyone is reasonable about these things.

So what would you prefer? That the father decides to take a poorer paid job, to even things out a bit? Or is it better than for 50% of their lives, the child gets the benefits of his 'disgusting' job?? Or heaven forbid, the mother gets herself a better paid job?

Mintchocco · 08/04/2024 16:05

Hardlyworking · 08/04/2024 16:01

Well then you get a better job so he does surely? Why should the dad have to fund your lifestyle because you can't be arsed to get a well paid job?

but is it funding the other parents lifestyle or is it maintaining a decent standard of living for your child because you have the means to do so?

Also the idea that not getting a better paid job is predominantly out of laziness is hilarious.

Blondeyoghurt · 08/04/2024 16:04

Hardlyworking · 08/04/2024 16:01

Well then you get a better job so he does surely? Why should the dad have to fund your lifestyle because you can't be arsed to get a well paid job?

I just want to jump on the back of this one and say it’s actually so hard to hear something like this when I have worked my socks off to get into the career I’m in.. I spent the first 2.5 years of DDs life taking a back step so that he could further his career.. so some things are easily said than done I guess

OP posts:
RafaistheKingofClay · 08/04/2024 16:04

Sleepyallday · 08/04/2024 15:51

There’s 50:50 in terms of nights where CM is payable. However, if day-to-day care is equal e.g. taking to appointments, clubs etc. then no CM is payable.

This essentially as far as I know. Even though nights are split he’s still the ‘paying parent’ because you have the child benefit. It’s up to him to prove that he’s doing 50% of the daily care not just equal overnights if he no longer wants to be the ‘paying parent’.

He’s probably banking on you not wanting to rock the boat so the only way you are going to find out is to open a claim with them.

Mintchocco · 08/04/2024 16:03

Sweetheart7 · 08/04/2024 15:58

That may be how you parent.... but I don't. I want to see my Son has what he needs. I don't have time to be petti or tight fisted with my own child. Each to their own though...

This is the part I think a lot of people don't really think about.

Obviously there are going to be some who use the payment incorrectly and on themselves but most decent parents who receive CMS are going to be using it to better their children's lives.

If you are a high earner and/or have the meanings to contribute to your children's lives financially, even if you do have them 50 percent of the time (although chances are most in a 50/50 situation are not truly 50/50, there will usually be a parent who does end up doing more running around or paying out more for things like uniforms/clubs/trips) I cannot see why a decent person would not wish to do this.

Hardlyworking · 08/04/2024 16:01

Sweetheart7 · 08/04/2024 15:58

That may be how you parent.... but I don't. I want to see my Son has what he needs. I don't have time to be petti or tight fisted with my own child. Each to their own though...

Well then you get a better job so he does surely? Why should the dad have to fund your lifestyle because you can't be arsed to get a well paid job?

Sweetheart7 · 08/04/2024 15:58

Jellycatspyjamas · 08/04/2024 15:56

It's disgusting though he earns double what OP earns
Its only disgusting if the OP doesn’t have the same opportunity to work and further her career.

That may be how you parent.... but I don't. I want to see my Son has what he needs. I don't have time to be petti or tight fisted with my own child. Each to their own though...

Mintchocco · 08/04/2024 15:58

Nicetobenice67 · 08/04/2024 15:53

If it’s 50 /50 are you sure he cannot do the same and claim off you

No because OP is in receipt of the child benefit payment so thus is not the 'paying' parent.

Jellycatspyjamas · 08/04/2024 15:56

It's disgusting though he earns double what OP earns
Its only disgusting if the OP doesn’t have the same opportunity to work and further her career.

Nicetobenice67 · 08/04/2024 15:53

If it’s 50 /50 are you sure he cannot do the same and claim off you

Sleepyallday · 08/04/2024 15:51

There’s 50:50 in terms of nights where CM is payable. However, if day-to-day care is equal e.g. taking to appointments, clubs etc. then no CM is payable.

Sweetheart7 · 08/04/2024 15:50

x2boys · 08/04/2024 15:38

Well he has her 50% of the time so that's not nothing is it?

It's disgusting though he earns double what OP earns. I have to confess that I'm glad I'm not doing a 50/50 split because it is tricky who pays for trips, school uniform, trainees, shoes or whatever. I can absolutely see how not everyone is reasonable about these things.

Sweetheart7 · 08/04/2024 15:47

tabulahrasa · 08/04/2024 14:43

People seem to think 50/50 means no maintenance - it doesn’t, it depends on income.

Put the numbers into the CMS calculator it’ll tell you.

Yes because that's usually the case. CMS are not that great I've never read or heard of anybody getting CMS with a 50/50 split. Have you?

Anameisaname · 08/04/2024 15:46

Make sure that you make him pay for 50pc of all.costs.
So if you buy new shoes or uniform etc. The costs are split 50 50!

Bernadinetta · 08/04/2024 15:45

My exH and I share our DD 50/50 but he still gives me a small amount monthly (£130) as I pay for school dinners, swimming lessons, brownies, school uniforms, new shoes and coats, school trips. If there’s a particularly large and unusual cost for something then I ask him for a little more. Tbh it’s more a laziness/lack of organisation on his part than affordability (we both earn a similar amount) so he’s happy to just give me the money if it means I make the arrangements. I also receive the child benefit.

x2boys · 08/04/2024 15:38

Wishitsnows · 08/04/2024 14:44

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

Well he has her 50% of the time so that's not nothing is it?

WarshipRocinante · 08/04/2024 15:36

@Blondeyoghurt
Well then tell him that if he isn’t going to pay maintenance then he will have to pay half the costs. Decide who pays for which clubs and you buy your own clothes and then decide how to handle big ticket items like bikes and things.

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