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Share your dilemmas and get honest opinions from other Mumsnetters.

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:
AlexaPlaySomeHappyHardcore · 08/04/2024 15:29

Blondeyoghurt · 08/04/2024 14:47

Oh and also - he was apparently told that the calculator you can use online is incorrect? Because I have tried this and even when I put the option of half and half time, it says he still needs to pay x amount. But I’m not sure if that’s reliable enough now? This is all very confusing!

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.

Springtime43 · 08/04/2024 15:18

As long as you both have equal opportunity to work etc. then both parents should be funding themselves surely?

Well yes, but plenty of people think the majority of money should come from the man, heaven knows why

FizzyDucks · 08/04/2024 15:17

He is potentially going to be cutting off his nose to spite his face if he insists he won't pay anything. You probably need to have a chat to highlight what everyone is saying about clothing and uniform, and also make it clear that his nights are his nights so he would need to arrange childcare if his shifts change, you will no longer do it. Hopefully he will realise what a prat he is being and you can come to some sort of arrangement without the need for cms.

If he doesn't change his stance then you may as well put a claim in. You literally have £0 to lose by doing so and don't provide any of the freebies you have been.

fussygalore118 · 08/04/2024 15:15

Wishitsnows · 08/04/2024 14:44

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

But if it's 50/50 why should he?

Zanatdy · 08/04/2024 15:12

He’s correct, you need to make sure her costs are split 50-50 for school uniform etc

Solonelyy · 08/04/2024 15:10

If it’s 50/50 then no he shouldn’t have to pay you anything

Postapocalypticcowgirl · 08/04/2024 15:08

I'd definitely put the claim in and see what happens. If it comes back that he owes nothing, at least you know?

Beyond that, I would be very clear that he pays full costs for the time she is with him, so e.g. don't send her with any school uniform, spare clothes etc, so he has to buy all of this for her at his house. I wouldn't send toiletries etc, either, so he has to provide all of this.

If possible, any clubs/school trips etc discuss, and ask him to pay 50%.

Any childcare etc that he needs on his days, he pays for. If you pick up extra nights because he is doing shifts etc, keep a record of this, as if you do end up doing more nights, you're more likely to be able to make a claim.

FunLurker · 08/04/2024 15:01

When he has your dd, you don't need to provide anything, no clothes, toiletries.
My ex paid me a small amount of maintenance for 4dc, I accepted this as didn't want to fleece the bloke, since I wanted the split. He then started telling me what to send for the kids, I'd told him so many times he had to start providing clothes. He went mad, I also applied cms. he then stopped having them over night as he couldn't afford to clothe them. CMS awarded me 4 times what he was paying. Been separated over 15 years now and he only has to pay for 1 child but I still get a decent amount and he still doesn't have them overnight, infact only the boys see him occasionally.

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.

RawBloomers · 08/04/2024 14:56

Pit in a claim, it can’t hurt at this point, can it?

Also, don’t allow him to use you as convenient, free, default carer when he’s working unless there is a benefit to you. Make sure the days and times you have your DC give you as much freedom to build a career as they do him.

pickledandpuzzled · 08/04/2024 14:56

Come on! Who’s buying the clothes, shoes etc? Who’s buying the book bag and sending it along?

If it’s genuinely 50/50 and he provides his own equipment and everything needed then maybe, but many men expect everything packed.

titchy · 08/04/2024 14:55

PurpleJustice · 08/04/2024 14:53

If it's 50/50 then I don't see how you would be entitled to anything, but I'm not expert.

As long as you both have equal opportunity to work etc. then both parents should be funding themselves surely?

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.

Mrsttcno1 · 08/04/2024 14:55

The unfortunate answer is you are probably not entitled to anything, but it’s not a definite no, and he’s correct that in instances of 50/50 the online calculators aren’t reliable.

It really does depend on the circumstances case by case when there is 50/50, it may be worth you giving CMS a call yourself to get some proper advice. He will be notified if you put a claim in.

museumum · 08/04/2024 14:54

the calculator's front page says
"You will not have anything to pay through the Child Maintenance Service if you are:

  • sharing care equally with the other parent
  • a full-time student with no income
  • in prison"

If you're doing 50/50 residency then you need to make sure he's also buying half of her clothes and things. But he's right that he doesn't have to give you money.

Blondeyoghurt · 08/04/2024 14:54

beetr00 · 08/04/2024 14:52

@Blondeyoghurt your child may, in fact, be entitled. Please do your own research, don't think he'll be necessarily giving you the correct advice. 😊

https://watson-thomas.co.uk/help-and-advice/31-help-and-advice-children/182-child-maintenance-when-you-have-an-equal-share-in-parenting

eta current calculator; www.gov.uk/calculate-child-maintenance

Edited

Oh that is a helpful read thank you!

OP posts:
PurpleJustice · 08/04/2024 14:53

If it's 50/50 then I don't see how you would be entitled to anything, but I'm not expert.

As long as you both have equal opportunity to work etc. then both parents should be funding themselves surely?

Blondeyoghurt · 08/04/2024 14:53

I wasn’t too sure if I could put the claim in without him being made aware or not? Very conscious of rocking the boat unnecessarily

OP posts:
beetr00 · 08/04/2024 14:52

@Blondeyoghurt your child may, in fact, be entitled. Please do your own research, don't think he'll be necessarily giving you the correct advice. 😊

https://watson-thomas.co.uk/help-and-advice/31-help-and-advice-children/182-child-maintenance-when-you-have-an-equal-share-in-parenting

eta current calculator; www.gov.uk/calculate-child-maintenance

tabulahrasa · 08/04/2024 14:51

You won’t lose anything by putting in a claim, the worst that’ll happen is you’ll get nothing, which is what you’ll also get by not putting a claim in.

Mintchocco · 08/04/2024 14:51

How much is an extremely healthy wage?

If we are talking a seriously significant amount most people would contribute to their child living a decent quality of life regardless if they were physically with them or not. I certainly would want my money to benefit my children above anything else.

You have nothing to loose by at least putting in for the claim. The worst that can happen is they can say no you're not entitled to any CMS.

Blondeyoghurt · 08/04/2024 14:51

I’m really not here to slate anyone etc, I just want to find out if I’m entitled to anything or best to just keep the peace and not say anything.

in terms of splitting costs I’m not entirely sure we would no, i think that is and would be 75% all me

OP posts:
Blondeyoghurt · 08/04/2024 14:49

WarshipRocinante · 08/04/2024 14:46

I’m sorry… but how? He has the child 50/50. He is paying for the child half the time and providing for the child half the time. What? Is he also meant to pay for mum’s half too?

I mean I’m not too keen on going into detail here but please don’t assume he is paying and providing in the time that he has her.. some people have their kids just because they “have to” but yeah

OP posts:
Roryhon · 08/04/2024 14:48

Wishitsnows · 08/04/2024 14:44

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

But he is paying for his child if he has it 50% of the time…. Why should one person pay the other person if they’re both doing equal parenting?

MiltonNorthern · 08/04/2024 14:47

I mean, if you genuinely care 50/50 each why would you be entitled to maintenance and not him? Why shouldn't you pay him? Just because he earns more?

Blondeyoghurt · 08/04/2024 14:47

Oh and also - he was apparently told that the calculator you can use online is incorrect? Because I have tried this and even when I put the option of half and half time, it says he still needs to pay x amount. But I’m not sure if that’s reliable enough now? This is all very confusing!

OP posts:
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