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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:
OnlyMabelInTheBuilding · 29/06/2026 11:44

IPM · 29/06/2026 11:37

But he's fathered 5 kids and decided to put his feet up early.

Regardless of what his lazy ex is like, his 5 kids now don't have a working parent.

Is that the example he wants to set?

How old are the kids and what's wrong with working part-time in a non physical job?

ETA: 2 of his 5 kids don't have a working parent.

Edited

Their lazy ass mum can have her turn to be a working parent.

donewiththistakemeaway · 29/06/2026 11:44

IPM · 29/06/2026 11:42

I know his kids are 14 and 16 but how old are the 3 kids you had with him?

Are they all under school age if working part time means it'll take his time with them away?

4
and 2 year old twins and yes will massively take time away from them

OP posts:
Bufftailed · 29/06/2026 11:44

1500 is a lot. Less would be ok. But you sound v negative about her when you don’t know her side of the story.

donewiththistakemeaway · 29/06/2026 11:43

Gallusoldbesom · 29/06/2026 11:41

Don’t pay her a bean, let the lazy cow get a job and pay her way like everyone else. If you’re happy to let the kids stay with you full time and they’re old enough to choose then have them move in and stop all the running back and forward with them. They sound like they’ll be far better cared for by their dad and you.

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

OP posts:
thepariscrimefiles · 29/06/2026 11:42

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.

He gave his ex-partner a house with no mortgage because he paid it off with an inheritance. He has overpaid CMS by £1200 per month for nine years. He has offered to have the children full time.

His ex has never worked a day in her life. She has a partner who doesn't work. She will have been able to claim UC as child maintenance isn't taken into consideration when calculating her UC entitlement.

My ex-husband was a tight-fisted dickhead when it came to paying me maintenance and I normally always take the woman's side. But in this scenario, it's the ex-partner that is completely taking the piss.

IPM · 29/06/2026 11:42

donewiththistakemeaway · 29/06/2026 11:40

Kids are 14 and 16
hes not putting his feet up though
the kids want him here
he’s set a brilliant example
ex is in her 40s
if he works another job anywhere that takes time away from the kids and time away from helping me. I’m not a slave

I know his kids are 14 and 16 but how old are the 3 kids you had with him?

Are they all under school age if working part time means it'll take his time with them away?

Cannybeme · 29/06/2026 11:42

Daisymail · 29/06/2026 11:40

Absolutely this!

100%

Gallusoldbesom · 29/06/2026 11:41

Don’t pay her a bean, let the lazy cow get a job and pay her way like everyone else. If you’re happy to let the kids stay with you full time and they’re old enough to choose then have them move in and stop all the running back and forward with them. They sound like they’ll be far better cared for by their dad and you.

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

Daisymail · 29/06/2026 11:40

Rockyroad1992 · 29/06/2026 11:31

I think you are being ridiculously generous to offer her £500, I wouldn’t be handing over a penny. That £500 should be going towards your own children, she get can get off her lazy arse and get a job. She doesn’t have a leg to stand on. Please don’t give her any money! From what you have said it sounds like the children are basically with you full time anyway.

Absolutely this!

Dumbledora8 · 29/06/2026 11:40

Brunchatstephanies · 29/06/2026 11:35

This one is not black and white.

I personally believe CMS should be set at a much higher rate like they do in the US. It should be deducted from income and people refusing to pay should be imprisoned like they do in the US. Also the money should follow the children and their expenses, childcare, housing food £1500 would barely scratch the surface.

50/50 is a shit arrangement for children unless their home is the home that they stay in and the adult's shuffle around which is starting to gain a little bit of traction, all the moving around is so disorienting for young children.

However this situation is much more nuanced. She is being an asshole and needs to get a job too but your asshole DH should not quit his job either. You have children, you have a lifetime commitment to them.

Edited

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

donewiththistakemeaway · 29/06/2026 11:40

IPM · 29/06/2026 11:37

But he's fathered 5 kids and decided to put his feet up early.

Regardless of what his lazy ex is like, his 5 kids now don't have a working parent.

Is that the example he wants to set?

How old are the kids and what's wrong with working part-time in a non physical job?

ETA: 2 of his 5 kids don't have a working parent.

Edited

Kids are 14 and 16
hes not putting his feet up though
the kids want him here
he’s set a brilliant example
ex is in her 40s
if he works another job anywhere that takes time away from the kids and time away from helping me. I’m not a slave

OP posts:
Cannybeme · 29/06/2026 11:40

Don’t offer her anything. She’s had plenty out of your husband, both financially and with you doing a huge amount of the childcare. She needs to get off her arse and get a job.

Brunchatstephanies · 29/06/2026 11:39

TealDoors · 29/06/2026 11:37

Only on Mumsnet would a father be called an asshole for offering to pay over the CMS mandated amount.

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

PrettyPickle · 29/06/2026 11:39

@donewiththistakemeaway this is my take, not that I am legally qualified but:

From what you’ve described, you and your DH are already providing functionally 50/50 care anyway, arguably more, and she is being clever as its based on nights slept in each home. If I have understood correctly, you are doing all weekday school pick‑ups, all weekday clubs, all weekday teas, all weekday showers, all weekend clubs, all school events, all parents’ evenings, all sickness care, all medical appointments and all practical parenting? Am I reading this correctly?

All she is doing is the school runs, bedtime, sleeping nights? No clubs, events, appointments, weekday parenting, financial contribution and no employment?

I would think that if the above is correct, that if CMS looked at the actual care pattern rather than just sleeping nights, your DH would likely be assessed as having substantial shared care, and the payment could be significantly reduced, possibly to zero and certainly if he moves to full‑time availability. The law is very clear. Child maintenance is based on his income (not yours) and the number of nights the children sleep in each home. Not (as she seems to think) her lifestyle, her mortgage (which he paid off with his inheritance before he left), her partner’s unemployment, her refusal to work, your joint income and the fact she “won’t be able to afford her home” Those are not legally protected entitlements. She has no legal right to demand £1,500 a month, it was voluntary and voluntary payments can stop. CMS will calculate the correct amount. Your income is irrelevant.

She also cannot refuse shared care and still demand full payments. If he is now available full‑time, CMS will take that into account. If he moves to 50/50, CMS can drop to zero. Her threats about solicitors are bluster.

A solicitor cannot force him to maintain her lifestyle, to keep paying voluntary overpayments, to contribute, force payment based on his old salary

There is no loophole that gives her what she wants and lets face it she is not doing any of the hard work and I'm impressed you and your husband are taking such a leading role in the parenting of the kids, his kids. And many women give up work to look after kids, it works both ways although I appreciate that is not why he did it.

I feel she has been extremely lucky your DH has been as generous as he has.
Most people in her position would be receiving far less than £1,500 and CMS would likely reduce it further once his new circumstances are assessed. So your offer of £500pm is VERY generous.

FeltCarrot · 29/06/2026 11:39

thepariscrimefiles · 29/06/2026 11:26

So your DH gave his former family home, which is fully paid for due to his inheritance, to his ex-wife? That was extremely generous of him. His ex-wife is being ridiculous, lazy and greedy.

Not even his ex wife!

If the children come and live with you full time does she still get to keep the house his inheritance paid for?

JHound · 29/06/2026 11:38

donewiththistakemeaway · 29/06/2026 11:35

CMS states to pay nothing

I assume this is if he has 50/50 care? That’s fair.

If not then the CMS is not fit for purpose.

donewiththistakemeaway · 29/06/2026 11:37

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.

Great point actually as then the blame is on the judge and not on me DH or the EX

OP posts:
TealDoors · 29/06/2026 11:37

Brunchatstephanies · 29/06/2026 11:35

This one is not black and white.

I personally believe CMS should be set at a much higher rate like they do in the US. It should be deducted from income and people refusing to pay should be imprisoned like they do in the US. Also the money should follow the children and their expenses, childcare, housing food £1500 would barely scratch the surface.

50/50 is a shit arrangement for children unless their home is the home that they stay in and the adult's shuffle around which is starting to gain a little bit of traction, all the moving around is so disorienting for young children.

However this situation is much more nuanced. She is being an asshole and needs to get a job too but your asshole DH should not quit his job either. You have children, you have a lifetime commitment to them.

Edited

Only on Mumsnet would a father be called an asshole for offering to pay over the CMS mandated amount.

IPM · 29/06/2026 11:37

donewiththistakemeaway · 29/06/2026 11:34

I see what you’re saying but I need to further my business. I’ve done my part as the child carer, he’s done his making the money, his ex has not done a thing she doesn’t even go to parents evening as ‘it’s not for her’. I need help with childcare so he is doing that now and being there for his kids. He’s worked 30 years in a manual job, his back isn’t what it used to be. He’s worked and done his part now he will be a stay at home parent while I get my chance at a being the bread winner. Can’t see why his ex can’t get a job. She is in her 40s and never even worked part time. It’s sad really what example that is setting. The kids want their dad here with them everyday and that’s what they deserve

But he's fathered 5 kids and decided to put his feet up early.

Regardless of what his lazy ex is like, his 5 kids now don't have a working parent.

Is that the example he wants to set?

How old are the kids and what's wrong with working part-time in a non physical job?

ETA: 2 of his 5 kids don't have a working parent.

Theyreeatingthedogs · 29/06/2026 11:36

IPM · 29/06/2026 10:52

It all sounds a bit of a shit show really.

A mother of two who won't work and now a father of five who won't work.

Not a great example to the kids.

Really?????

You have no idea how old or in what health the OPs DH is. He want's to be a SAHD to his 5 kids while the OP runs her business.

His ex is a lazy money grabber.

His older kids would be much better off full time with their Dad.

The only shitshow is the ex.

OnlyMabelInTheBuilding · 29/06/2026 11:36

You are not liable for a penny, DH’s ex (also never worked) tried this.

donewiththistakemeaway · 29/06/2026 11:36

JuliaRobHurts · 29/06/2026 11:33

I wouldn't give her a penny and leave DH to provide whatever new payment he technically has to give. I seriously doubt much of the £1500 is being spent on those children. So it's not like they will miss out.. More likely she's using it to fund her and her lazy new partners lifestyle. They're with you such a significant amount of time that she will barely have to cook them a meal for them anyway.

She doesn’t cook any meals for them as she doesn’t cook and they have tea here 7/7 days a week

OP posts:
ToiletKaren · 29/06/2026 11:36

I am not in the situation, but does CMS say the "correct" amount or the "minimum" amount?

TealDoors · 29/06/2026 11:35

stargirl27 · 29/06/2026 11:26

I'm not sure since (a) I'd imagine ex will dispute those are the current arrangements and won't want them formalised given it will jeopardise her CM claim etc. and (b) any money received from child benefit will likely not be worth it given legal fees (if DH is represented) and also mental strain of court proceedings. I definitely wouldn't suggest DH issues proceedings at this stage.

I think the guilt tripping will likely take place regardless.

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.

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