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Ex insists he can't afford child maintenance payments

141 replies

KindBrickSquid · 29/08/2025 13:36

Would really appreciate some input on this please and I don't know if I'm being unreasonable or not.

TLDR;

  • DC lives with me full time and has gone no contact with dad.
  • I still paid child maintenance for months while DC lived with me because ex was lying to child maintenance.
  • Ex claims he can't afford the £365 a month due to child care costs for his other child.
  • Ex has offered £200 a month instead.

AIBU? Do I just agree to £200 a month without any of that money being paid back or do I insist we go with what child maintenance have said the payment should be.

I even worked out what the payment would be if my ex was on less money, had DC on weekends and taking into account their other child and it's still around £280.

More context;

Ex and I split up when DC was very young. I was in a job that travelled a lot so it meant I could only have DC on weekends so we came to agreement DC would be with me on the weekends and ex in the week and I'd have him all school holidays etc. This changed about 3 years ago when I changed career and i'm not at home all the time.

DC is now 15. DC had issues with my ex's new wife, it was a very tense household. A lot of fighting, name calling etc and DC has been living with that and struggling with it badly. Ex and his new wife were aware of the shouting being a trigger for DC but nothing changed. DC told me they wanted to live with me and my husband full time at the start of this year. Long story short things went from bad to worse at DC's dad's house and DC ended up moving in with me permanently at the beginning of the year.

There was contact to begin with between DC and ex but DC ended up going no contact due to the stress and upset it was causing. But due to ex not agreeing to DC moving out they refused to stop child maintenance and was falsely claiming DC still lived with them. I was paying around £350 for child maintenance a month for 5 months before I finally got it changed.

Ex is now being told by child maintenance that they need to pay me £375 a month now that DC lives with me full time. That doesn't include paying me back for all the months I paid when I shouldn't have.

Ex however is saying that he can't afford it because of how much nursery is for he and his new wife's child. He said he can afford £200 a month and that's it. He's on £41k a year and doesn't live in an expensive part of the country. He said anymore and it'll put him into debt. His wife also works a good job.

I've been put into debt for the fact I had to pay £350 a month to my ex while DC was actually living with me because I was also the one that was actually paying for DC (so bills increased, needed clothing as ex was withholding his things, school things, food, travel, pocket money, activities, you get the idea).

I said to ex that I would be willing to agree to a lesser amount only if they paid me back the money I was sending them all those months that DC was actually living with me. He has refused this because he has 'put the money into a savings account for DC'. He said there's 3k in that account and it's to go towards a car or university later on.

My ex has been caught out in lies in the past (part of the reason we split back then) and I can't help but think this is a lie and he and his wife have just spent the money I sent over. Otherwise why would they be so reluctant to send it back to me considering not doing so would 'put them into debt' if they had to go with the Child Maintenance Agreement.

He says his wife shouldn't have to pay for DC and I agree with that, but I think his wife should be contributing to child care for their child if that is what they insist they can't afford.

AIBU?

Do I just agree to £200 a month without any of that money being paid back or do I insist we go with what child maintenance have said the payment should be.

I even worked out what the payment would be if my ex was on less money, had DC on weekends and taking into account their other child and it's still around £280 (so more than the £200 he's offering).

OP posts:
Snorlaxo · 29/08/2025 14:48

If you accept £200 then I predict that you won’t get the money he owes you and he’ll negotiate a smaller amount again. If you accept a smaller account, do it on the condition that the 3k is in a savings account in ds’ name that he can access at 18. (I don’t know if Child Trust Funds are available for that age group)

I think that you should go with the CMS amount. You paid him £350 (plus the shit he withheld) and have the debt to prove it. He chose to have another child and unless he loses his job, he should pay for ds.

ButSheSaid · 29/08/2025 14:25

His thoughts and feelings are worthless and nothing to do with you.

Block him on every platform and let CMS do their job.

Hankunamatata · 29/08/2025 14:25

I would offer £350 - what you were paying.
If he wont do that or a payment is missed or late you will be apply for collection and pay with the 20% fee for him

Cece92 · 29/08/2025 14:20

He never negotiated with you so why should you with him? He took your money falsely for 5 months aswell. Usually I would be like maybe meet in the middle but no you’ve done your part paid CMS now it’s his turn xxx

MrsPerfect12 · 29/08/2025 14:16

CMS. Don’t rely on ever seeing a penny paid back. Write that off and everything as per CMS. He shouldn’t have more kids if he can’t afford them. That’s not your issue.

Tessasanderson · 29/08/2025 14:12

You cannot and must not trust a word he says. For your DS and your own sake go to CMS and get everything you can.

My guess is your own overpayment is gone but maybe speak to CMS and see if they can adjust his monthly upwards to cover the money he already owes. He is a dissgrace and its good to see your DS has seen through him already.

mindutopia · 29/08/2025 14:08

I would expect him to pay the full amount as per CMS calculation. He chose to have another child when he couldn’t afford that child. I think most people could come up with an extra £165 a month if they needed to - cancelling subscriptions, no grabbing a coffee or a meal deal, no stopping off at the pub for a few once a week, fewer convenience foods and more cooking from scratch, no family holiday this year. Lots of us have to cut corners. It should be him paying the costs of his decision to have more children, not you.

Gettingbysomehow · 29/08/2025 14:04

What would he do if both kids lived with him. Let them starve, not buy them clothes and shoes, not provide for them?
Take this to the CMS, he pays for the kids he makes whether he can afford or not.

wombat1a · 29/08/2025 14:04

Go CMS, remember what his wife earns has nothing to do with it. Also see if you can use small claims court or other to claim back your money.

AugustSlippedAwayIntoAMomentInTime · 29/08/2025 14:01

CMS

CMS for every penny

Igmum · 29/08/2025 13:50

Agree. The other responses are spot on. Let CMS deal with this. Fortunately it sounds like he’s PAYE. Good luck.

KeepCalmAndCarryOnScrolling · 29/08/2025 13:49

CMS as he has not paid you back and has no intention to.

ThejoyofNC · 29/08/2025 13:45

Don't trust a word he says, you know he's a liar. Go through CMS or it's just going to be a never ending battle.

He should have thought about the costs before he went ahead and had another child. You can't take food from the mouth of one child to feed another.

RandomMess · 29/08/2025 13:40

It’s selfish and has lied and won’t relay the money you paid so I’d go via CMS

Trickabrick · 29/08/2025 13:40

First post nails it. Don’t negotiate with him, go via CMS. Sounds like he wouldn’t cut you any slack if the situations were reversed.

nomas · 29/08/2025 13:37

Go via CMS. Get every penny your child is entitled to.

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