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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

It’s a child maintenance one

84 replies

WinterSunflowers · 02/03/2025 10:55

Hi all, just after a bit of advice

divorced 10 years ago, 2 children now mid teens. My ex H always paid more than CMS and has always earned well so the current amount I’m getting is around 1000 a month.

hes just informed me that his job has been made redundant and as he’s only been in this one a short time there is no redundancy payment, just payment for notice (6 months)

he has said that he won’t give me a share of this notice payment (it all falls into this tax year so technically he should) but he’s proposing to keep paying me the 1000 a month for 6 months, then discuss again but if he’s not secured another role then it may stop.

I haven’t worked full time for 15 years. I do some self employed work at home but I’m really going to notice the missing 1000 if it comes to that.

is it right he’s not giving me a share of the notice money? Is it fair that the payments may stop when it runs out?

OP posts:
allthemiddlechildrenoftheworld · 02/03/2025 11:28

@WinterSunflowers well then I presume if he became unemployed and you went through cms then you would only get a pittance! you can either look forward to that or get a job to enable you to keep yourself in the way you have become accustomed!

Whycanineverthinkofone · 02/03/2025 11:27

WinterSunflowers · 02/03/2025 11:19

Ok so it sounds like he’s being fair, I’ll take the 1000 a month and when that notice money is gone I’ll see what he says.

not relevant I know but he’s remarried, but no new children, just a large house, so I know he’ll be trying to get a new job after a short break.

When the money is gone, it’s gone.

if he has no income your cm percentage will be 0.

you will need to consider how you’ll manage without it. Either by budgeting or working.

i know you say you’ve “never needed” to work as between dla, cms etc you have a decent income, but what happens in the future?

once your kids have left home, what will you live on? Do you have a pension? You may not need to work now, but it’s a bit short sighted not to be working toward the future. Even if your child with dla stays at home, will their dla be enough for you both to live on? Are you expecting that to support you indefinitely?

you have 6 months. Get yourself future proofed. Maximise your income and work opportunities, get care in place if you need it. Then if your ex doesn’t get a job, or is made redundant in future, or worse cannot work through ill health or death, you can support yourself.

you can’t live off him forever.

sprigatito · 02/03/2025 11:26

ThinWomansBrain · 02/03/2025 11:20

given that your children are mid teens, maybe he feels there's no need to be subsidising you to be a full time stay at home parent dabbling in self employment.

When my children were mid-teens I couldn't work full-time due to their incredibly demanding medical and neurodevelopmental issues. Now they are young adults, and I cannot work full-time because I am caring for elderly parents with dementia. So DH is "subsidising" me working part time - and I am "subsidising" him working full-time, because I am fulfilling the family obligations that he can't. It's very simplistic to portray OP as a lazy freeloader when we know so little about her life, other than that she thinks a non-resident father shouldn't have less responsibility for his children than she does.

amber763 · 02/03/2025 11:22

It sounds like hes a decent man and has done the right thing by you and your kids for ten years, enabling you to not work full time and start your own business etc. You are not coming across well here and I think you need to give him a break. If he's giving you 1000 for six months then no, he shouldn't give you a share of his notice money on top of this. He needs to use that to live until.he finds something else and you should plan financially incase he cannot continue this for a time. Talk to him if that happens and see what's going to be affordable and work for you both. It likely wouldn't be long term if he was looking for another job. There are so many women on here who don't get a penny towards their kids or have exes who hide their earnings to pay the minimum. He sounds like he's tried to do the right thing by you. Also get a proper job.

WinterSunflowers · 02/03/2025 11:21

CoffeeCup14 · 02/03/2025 11:16

Whether he is legally obliged to pay it or not would depend on whether it's treated as income - redundancy payments aren't considered income so not included in CMA calculations.

Essentially, if he's been given six months' pay in lieu of notice, he should either give you one large payment or six months' payments out of it.

After that if he doesn't have work he should still be contributing to his children's costs as he is able. But obviously if his savings run out, he won't be able to do that, or it will be massively reduced.

It’s taxed as he said that it all being paid in March means that it’s taxed a lot as a chunk of it falls into the bracket where tax is more than 50% so in reality it’s less than 6 months normal take home pay.

he said he’d still pay the 1000 despite that

OP posts:
ThinWomansBrain · 02/03/2025 11:20

given that your children are mid teens, maybe he feels there's no need to be subsidising you to be a full time stay at home parent dabbling in self employment.

WinterSunflowers · 02/03/2025 11:19

Ok so it sounds like he’s being fair, I’ll take the 1000 a month and when that notice money is gone I’ll see what he says.

not relevant I know but he’s remarried, but no new children, just a large house, so I know he’ll be trying to get a new job after a short break.

OP posts:
CoffeeCup14 · 02/03/2025 11:16

Whether he is legally obliged to pay it or not would depend on whether it's treated as income - redundancy payments aren't considered income so not included in CMA calculations.

Essentially, if he's been given six months' pay in lieu of notice, he should either give you one large payment or six months' payments out of it.

After that if he doesn't have work he should still be contributing to his children's costs as he is able. But obviously if his savings run out, he won't be able to do that, or it will be massively reduced.

SapphireOpal · 02/03/2025 11:14

sprigatito · 02/03/2025 11:12

Again, are we accepting as normal that a father just washes his hands of his children once the legal minimum obligation expires? Do you plan on cutting off your children on their 18th birthday because you legally can? Mind-boggling.

I would probably plan to give my DC money directly when they turn 18 rather than subsidising their other parent working part time?

WinterSunflowers · 02/03/2025 11:14

sprigatito · 02/03/2025 11:12

Again, are we accepting as normal that a father just washes his hands of his children once the legal minimum obligation expires? Do you plan on cutting off your children on their 18th birthday because you legally can? Mind-boggling.

To be fair to him he’s said previously that when the cms should stop (it’s direct not collected so we just base the amount of that calc and then he pays 200 more) that he’d support the children directly at uni, or work, or whatever they choose to do. He said the amount would be similar but that was between him and them at that point.

OP posts:
SapphireOpal · 02/03/2025 11:13

sprigatito · 02/03/2025 11:09

@SapphireOpal if I lost my job, I would have to support my children out of any savings I might have until I could find another job...wouldn't you? Why shouldn't he?

Yes I would, and when my husband was a SAHD after being made redundant we obviously continued paying maintenance to DSC's mum. But he's NOT obliged to and that's the environment the OP has to work within. He's paying £1k a month for 6 months - I don't think this man is doing too much wrong tbh. OP could also get a full time job.

LadyTable · 02/03/2025 11:13

WinterSunflowers · 02/03/2025 11:11

My self employed business is growing now, so by the time the dla, and the maintenance stops that should be sufficient

Should be?

Sorry but you're going to be fucked if it doesn't.

And as you know, everyone with their own business expects it to grow, until it doesn't.

Sounds like a bit of a wing and a prayer and very late in the day, considering your teens only have a couple of years of maintenance left.

Purplecatshopaholic · 02/03/2025 11:12

I think you need a plan and a job op. You are coming across here as really grabby - he should not be seen as the gravy train he clearly is. He has been paying more than he has to, which is quite right if he can afford to. Unfortunately for you if he can’t afford to, he doesn’t have to. Your kids are older now - maybe time to think about the future when he won’t be paying you anything and you need to take responsibility…

sprigatito · 02/03/2025 11:12

Comingupriver · 02/03/2025 11:10

YABU. I think you should also consider planning for once the kids are older and CMS stops completely.

Again, are we accepting as normal that a father just washes his hands of his children once the legal minimum obligation expires? Do you plan on cutting off your children on their 18th birthday because you legally can? Mind-boggling.

WinterSunflowers · 02/03/2025 11:11

LadyTable · 02/03/2025 11:09

You must've known not working full time because you've never 'had to' was going to come back and bite you though?

What are your plans for when he no longer has to pay in just a few years time?

My self employed business is growing now, so by the time the dla, and the maintenance stops that should be sufficient

OP posts:
Comingupriver · 02/03/2025 11:10

YABU. I think you should also consider planning for once the kids are older and CMS stops completely.

sprigatito · 02/03/2025 11:09

@SapphireOpal if I lost my job, I would have to support my children out of any savings I might have until I could find another job...wouldn't you? Why shouldn't he?

LadyTable · 02/03/2025 11:09

WinterSunflowers · 02/03/2025 11:06

It’s not relevant but one child gets dla so with that, tax credits, and the maintenance, I’ve never had to

its mean I’ve been available to take child to hospital appointments

You must've known not working full time because you've never 'had to' was going to come back and bite you though?

What are your plans for when he no longer has to pay in just a few years time?

SapphireOpal · 02/03/2025 11:08

WinterSunflowers · 02/03/2025 11:07

That’s what he did last time

That was very kind of him. He's under no obligation to though.

What's your plan for when the kids are 18 and he no longer pays anything?

WinterSunflowers · 02/03/2025 11:07

SapphireOpal · 02/03/2025 11:06

You can suggest it, but he's not going to be earning any money so are you expecting him to keep paying you £500 a month from his savings?

That’s what he did last time

OP posts:
SapphireOpal · 02/03/2025 11:06

WinterSunflowers · 02/03/2025 11:04

He got made redundant around 8’years ago and that time he paid 500 a month rather than the full payment for the 8 months he had off. Would I be reasonable to say when the notice money is gone he should do that again?

You can suggest it, but he's not going to be earning any money so are you expecting him to keep paying you £500 a month from his savings?

WinterSunflowers · 02/03/2025 11:06

LadyTable · 02/03/2025 11:04

I haven’t worked full time for 15 years. I do some self employed work at home but I’m really going to notice the missing 1000 if it comes to that.

Are you going to drip-feed the reason for this?

Why did you leave it out of your OP?

It’s not relevant but one child gets dla so with that, tax credits, and the maintenance, I’ve never had to

its mean I’ve been available to take child to hospital appointments

OP posts:
SapphireOpal · 02/03/2025 11:05

What he's proposing sounds entirely fair. You've got 6 months to find more work and your kids are mid teens so you're not having to work around school runs etc.

I really do not see ANY problem here.

WinterSunflowers · 02/03/2025 11:04

He got made redundant around 8’years ago and that time he paid 500 a month rather than the full payment for the 8 months he had off. Would I be reasonable to say when the notice money is gone he should do that again?

OP posts:
BlueMum16 · 02/03/2025 11:04

WinterSunflowers · 02/03/2025 11:01

Every year he’s shared his p60 and if he’s underpaid over the year (sometimes he has if he’s got a bonus) then he pays me a one off to make it fair.

as all this notice money will be paid in march it’ll all be in this tax year so if he did the same as normal he’d pay me a larger amount to make it fair over the year.

he did say if he did this then the 1000 a month would stop immediately, which is reasonable.

Surely you are better with 1000 a month. I'm assuming he needs to work and will therefore be looking for a job so the money will continue once he has employment?

As your kids are teens you should be looking at how you will support yourself once the CMA stops. Have you thought about that time? Maybe working full time to support yourself?