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DH stoping paying CMS

518 replies

donewiththistakemeaway · 29/06/2026 10:25

My husband told his ex-partner — the mother of his two oldest children — a year ago that he planned to leave his job within the next 12 months. She has never worked, and for the last 9 years he has paid her £1,500 per month voluntarily, even though the Child Maintenance Service calculates the correct amount should only be around £300.

The kids stayed with us for 10 nights a month, matching my husband’s days off. Between us, we did all school runs, clubs, meals, and bedtime routines — returning them to their mother around 8pm each evening. They couldn’t stay more nights because my husband’s shift pattern meant leaving at 5pm, driving 2 hours, working until 7am, and getting home by 9am. This would have left me alone caring for all 5 children while also working, handling all household tasks, and managing their activities. Meanwhile, their mother only had to put them to bed around 9pm, yet received far more money than required. We also take all five children to their clubs and activities every weekend.

My husband has now left that job — he was exhausted, and after 12 years of hard work, my own business has become successful enough for me to be the main earner. He reminded his ex repeatedly over the year that this change was coming and that his income would no longer support those higher payments.

He explained that he is now available full-time: he can offer full custody, 50/50 shared care, or flexible arrangements — whatever works for the children. He will be there for school runs, sickness, doctors’ appointments, school events, and anything else they need. The only change is that he can no longer make those payments.

This has caused a huge reaction. She is angry, calling him names and saying she won’t be able to afford her home. He asked her to consider getting a job, or for her new partner to contribute financially ( he does not work either) but she has threatened to involve a solicitor — claiming that if my husband stops paying, I must cover the cost because I’m so flush.

I do not believe this is my responsibility. To keep things calm, I offered to pay the £500 per month which sis still more that what the CMS says is the correct amount, but this is still not enough for her. She won’t stop us seeing the children, as she only cares for them a few hours a day and enjoys having her evenings free with her partner.

My main worry is whether there is any legal loophole that would force my husband to keep paying that higher sum just to maintain her lifestyle?

OP posts:
donewiththistakemeaway · 29/06/2026 11:54

Luckydog7 · 29/06/2026 11:52

As a starting point why not say that the days you normally drop them at mums for bedtime you just keep them at yours overnight.

This keeps the routine almost identical but reduces the faffing/drop offs and you actually get the legal credit for all the care you provide.

Ex can keep the weekends she currently does.

If you offer this to the kids it might be easiest as from their perspective they will be seeing their mum almost exactly the same amount and you can explain this if they feel guilty about leaving her.

It will make any complains from her about not seeing them seem utterly irrational.

I’m thinking that’s the best option if we do a full switch and she has the 10 nights and we take all the others

OP posts:
TealDoors · 29/06/2026 11:54

Your husband has been an absolute mug to give her a house and pay her the equivalent of minimum wage for neglecting his kids for so long.

I’m not surprised that you’re happy to change the situation. Talk to SC then crack open the champagne! The next chapter of your lives will be much easier and less stressful.

DaringlyDizzy · 29/06/2026 11:54

ONLY on NM can a father have the kids 40% of the time, do all school runs and main care, see them everyday, pay the ex 5 times as much as he should, leave her a house and more and yet be flamed. No hope out there!

PrettyPickle · 29/06/2026 11:53

KaleidoscopeSmile · 29/06/2026 11:49

Another woman on here slagging off her DH's crazy, lazy previous partner and her feckless unemployed boyfriend. Talk about the "Script". There's a Script for everything on MN and OP's is as predictable as all the rest.

You may be able t say that about many, bit on this occasion, if what is on here is true, the previous partner is the one inthe wrong and this is not the usual script. Read it and be impressed.

Luckydog7 · 29/06/2026 11:52

stargirl27 · 29/06/2026 11:46

If they say they want to stay with you, I'd suggest you just accommodate this and inform the mum, rather than issuing your own court proceedings.

As a starting point why not say that the days you normally drop them at mums for bedtime you just keep them at yours overnight.

This keeps the routine almost identical but reduces the faffing/drop offs and you actually get the legal credit for all the care you provide.

Ex can keep the weekends she currently does.

If you offer this to the kids it might be easiest as from their perspective they will be seeing their mum almost exactly the same amount and you can explain this if they feel guilty about leaving her.

It will make any complains from her about not seeing them seem utterly irrational.

Locutus2000 · 29/06/2026 11:52

KaleidoscopeSmile · 29/06/2026 11:49

Another woman on here slagging off her DH's crazy, lazy previous partner and her feckless unemployed boyfriend. Talk about the "Script". There's a Script for everything on MN and OP's is as predictable as all the rest.

That explains the déjà vu I was feeling. The whole point is to generate a pile-on upon the unwanted woman who has no way to reply.

donewiththistakemeaway · 29/06/2026 11:52

PrettyPickle · 29/06/2026 11:51

But doesn't she have to contribute that if he is paying everything else? He pays when they are with him and she pays when they are with her? But that is noy happening, the only time mum has hem is when they literally come home to go to bed, after being fed at the Dads? Breakfast is potentially the only meal she provides and he covers all social and school activities.

She should pay but she won’t pay for the clubs and we put them in the clubs not her so it’s up to this household to pay

OP posts:
IceLollly · 29/06/2026 11:51

She’s clearly not believed what she has been told. This money would stop in a few years anyway.
Don’t give her a penny, maybe the kids will move in with you and you can chase her for CMS.
She easily could have worked FT for years, her partner too. They could have been raking it in really if you were picking up all the childcare, food.

The only asshole thing your DH has done is given her far too much money for far too long.

donewiththistakemeaway · 29/06/2026 11:51

stargirl27 · 29/06/2026 11:48

I'm so confused as to why your DH just handed her a free house. It's casting a lot of doubt on the thread in general to be honest. Did he put it in her name? Does she need to vacate when youngest turns 18/finishes FT education?

They were together and had children and he paid it off with inheritance. 2 years later they broke up and he let her keep the house. There’s no thing for her to leave when the kids grow up.

OP posts:
Brunchatstephanies · 29/06/2026 11:51

TealDoors · 29/06/2026 11:47

That’ll be covered by OP’s household, where the SC want to live. OP hasn’t said she expects their mum to contribute anything at all.

If they move in with their Dad then everything I said before applies to the Mum who needs to start paying for her children now. I think the OP is a mug for taking that cost on the parents both sound feckless.

PrettyPickle · 29/06/2026 11:51

Brunchatstephanies · 29/06/2026 11:46

Yes I agree completely she is an asshole who needs to get a job. But that does not mean that children won’t cost money. My kids want to go on school trips, need uniform, clothes, food, have weekly activities. Kids cost a lot of money irrespective of whether parents have split or not.

But doesn't she have to contribute that if he is paying everything else? He pays when they are with him and she pays when they are with her? But that is noy happening, the only time mum has hem is when they literally come home to go to bed, after being fed at the Dads? Breakfast is potentially the only meal she provides and he covers all social and school activities.

KaleidoscopeSmile · 29/06/2026 11:49

donewiththistakemeaway · 29/06/2026 11:13

  1. Either spousal maintenance. Is that even a thing if you were never married?

  2. probably won’t bother with her kids at all then

or she does go on about how when her new partners parents died she will be loaded so possible banking on that as terrible as it sounds

Another woman on here slagging off her DH's crazy, lazy previous partner and her feckless unemployed boyfriend. Talk about the "Script". There's a Script for everything on MN and OP's is as predictable as all the rest.

donewiththistakemeaway · 29/06/2026 11:49

Brunchatstephanies · 29/06/2026 11:46

Yes I agree completely she is an asshole who needs to get a job. But that does not mean that children won’t cost money. My kids want to go on school trips, need uniform, clothes, food, have weekly activities. Kids cost a lot of money irrespective of whether parents have split or not.

I should have been clearer DH pays the clubs we take them as she says ‘she didn’t chose to out then in the clubs’ all school trips and uniforms

OP posts:
Cannybeme · 29/06/2026 11:49

Figgygal · 29/06/2026 11:40

She sounds like a disgrace quite frankly
I can't believe you've enabled the situation for as long as you have
Give or nothing the children with you officially full-time. You pretty much do anyway. Doesn't sound like she'd barely know if they weren't there given they're only they're couple hours a day to sleep
Awful

I would be questioning why your husband has been this supportive for this long. It must be draining on you parenting 5 children as much as you do whilst he has been at work. Although, yes you did make that choice.

As ex’s go he has been more than fair and then some by giving her a home (unless there’s a caveat that she moves out in the future).

I hope the older kids are respectful and appreciate all that you have done for them OP.

stargirl27 · 29/06/2026 11:48

I'm so confused as to why your DH just handed her a free house. It's casting a lot of doubt on the thread in general to be honest. Did he put it in her name? Does she need to vacate when youngest turns 18/finishes FT education?

BrownBookshelf · 29/06/2026 11:47

Beamsss · 29/06/2026 11:29

Presumably as a good father he'd have insurance so his children would still be provided for though? I know, not a chance in hell this man has.

Not to worry, the mother can have insurance against the providing father's death, even if he doesn't.

You're right though, better to pick some misfortune that insurance doesn't do so well with, and that way even if they both have a policy it might not help. It's true that if there's a corpse, that's one of the more straightforward situations. Disappearance, perhaps. Suicide if too early. Some sort of accident where the insurance does eventually pay up but not until there's been a lengthy period of income loss.

TealDoors · 29/06/2026 11:47

Brunchatstephanies · 29/06/2026 11:46

Yes I agree completely she is an asshole who needs to get a job. But that does not mean that children won’t cost money. My kids want to go on school trips, need uniform, clothes, food, have weekly activities. Kids cost a lot of money irrespective of whether parents have split or not.

That’ll be covered by OP’s household, where the SC want to live. OP hasn’t said she expects their mum to contribute anything at all.

stargirl27 · 29/06/2026 11:46

donewiththistakemeaway · 29/06/2026 11:43

We are going to sit the kids down tonight and ask them what they want. If they want to stay then DH can let the ex know. They don’t need to go and get stuff as majority of their things are here anyway but anything they do need they can get when they visit her but you sure when she would be happy for them to visit her

If they say they want to stay with you, I'd suggest you just accommodate this and inform the mum, rather than issuing your own court proceedings.

TealDoors · 29/06/2026 11:46

Angelf1sh · 29/06/2026 11:44

As long as he’s paying what he is legally required to do (you say this is £300 per month), there’s nothing more to be said. Let her get a solicitor if she wants to, it sounds like your husband wants to reopen the custody arrangements anyway so you’ll both need a solicitor to do that properly. There’s really no issue here.

When he’s not working, the legally mandated amount is zero. OP has very generously (stupidly) offered the woman £500.

Brunchatstephanies · 29/06/2026 11:46

Dumbledora8 · 29/06/2026 11:40

she has been given a house so no mortgage or rent costs. She doesn't work so no childcare costs. She will be getting UC and she could get a job herself

Yes I agree completely she is an asshole who needs to get a job. But that does not mean that children won’t cost money. My kids want to go on school trips, need uniform, clothes, food, have weekly activities. Kids cost a lot of money irrespective of whether parents have split or not.

ToiletKaren · 29/06/2026 11:46

I'm amazed out of the four adults in this scenario, only one of them actually works.

JuliaRobHurts · 29/06/2026 11:46

Unexpectedlysinglemum · 29/06/2026 11:34

I’m sure it’s paying towards the home
that the children sleep in most evenings

I'm sure its not mostly paying towards that. Electricity and gas don't cost that much a month either. I would be suprised if more than £500 of that payment is spent on bills and feeding/clothing the DC.

You did read the part where it mentioned the mortgage having been paid off by DH and the greedy lazy ex having been given the home?

Imagine having the nerve to be given a £100K+ home for free from someone you never married, to then receive 5x the amount of CMS payment they're required to pay consistently for 9 years, to sit on your jobless arse while ex DW does the majority of school pick ups evening meals etc, and then to turn around and complain about it?

actually you can understand her kicking up a fuss as she's lived a lottery lifestyle with how generous OP and her DH have been. It's actulally more of a suprise there are posters on here wilfully ignoring this info and trying to justify the hugely inflate payments. Probably justfing it becuase they're in a similar boat.

stargirl27 · 29/06/2026 11:45

TealDoors · 29/06/2026 11:35

At the moment, you get a £500 voucher to cover mediation. The ex doesn’t have a leg to stand on so regardless of whether she qualifies for legal aid, if the SC want to live with OP, the CAO would be approved.

Getting a CAO through won’t cost more than 2k. As OP and her husband have had enough spare cash to give away £1.2k a month for nine years, I’d consider that small fry to get it documented, personally.

It’s emotionally easier for the SC to say “this is what the judge decided” than to repeatedly have to tell their mum they don’t want to live with her.

I mean if the dad is represented it will cost far more than 2k. If he is not then he's just paying the court fee.

In light of the no order principle and children's age I really wouldn't suggest going straight to issuing proceedings.

The judge won't just make a decision out of nowhere, it would be based on the 14 year old's wishes and feelings (16 y/o won't come into this) which will usually be ascertained via a s7 report or similar. Which their mum would have read. So I don't think this really will assist the SC with any guilt tripping. In fact it's likely to cause them more upset as they will need to speak to professionals and mum will know the order was based on what they said to those professionals.

TealDoors · 29/06/2026 11:45

Brunchatstephanies · 29/06/2026 11:39

The CMS mandated amount is an absolute joke. £300 is absolutely nothing. It is a patriarchal scandal that this shit happens.

It’s £300 more than their own mother is contributing!

Angelf1sh · 29/06/2026 11:44

As long as he’s paying what he is legally required to do (you say this is £300 per month), there’s nothing more to be said. Let her get a solicitor if she wants to, it sounds like your husband wants to reopen the custody arrangements anyway so you’ll both need a solicitor to do that properly. There’s really no issue here.

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