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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:
Orangemintcream · 29/06/2026 11:13

You’ve posted before and you were told you aren’t responsible and not to pay.

Why have you offered her money ?

donewiththistakemeaway · 29/06/2026 11:13

stargirl27 · 29/06/2026 11:08

16 and 14! What are her plans for her income in 2-4 years' time?

  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

OP posts:
FoldItIn · 29/06/2026 11:12

Why on earth are you offering to pay 500 quid a month?! Why would you take from your own household, children AND stepchildren, when they are with you, to give to a woman who chooses not to work? Stop enabling that. Your earnings will not be taken into account at all.
Your Husband has offered to have the children 50/50, take on more of the heavy lifting DO NOT pay a penny of YOUR money Jesus wept. Tell her even if you go 50/50 she can still keep the benefits.
If she doesn't work, she will have to get a job like normal, non entitled people do.

DO NOT HAND OVER ANY MONEY.

stargirl27 · 29/06/2026 11:12

TealDoors · 29/06/2026 11:11

Don’t pay anything or offer anything. Why are you working to provide for an unrelated adult woman?

See a family law solicitor about having the step kids full time, if that’s what they want, and will tell a mediator. You’ll need a CAO which can cost as little as £300 if you represent yourselves.

Definitely wouldn't bother applying for a CAO for a 14 year old unless really necessary. The court won't make one for a 16 year old unless severe circumstances. It's expected that at that age children 'vote with their feet' as to which parent they will live with.

Daleksatemyshed · 29/06/2026 11:12

Of course she's angry Op, 1500 a month let's her and her DP stay at home and still claim benefits as CM isn't taken into account. If the DC would like to stay with their DF then go to court and ask for custody arrangements to change.

TealDoors · 29/06/2026 11:12

I’m guessing she’s flapping because she’s about to lose a healthy income of maintenance and benefits, but that’s her problem, not yours.

TealDoors · 29/06/2026 11:11

Don’t pay anything or offer anything. Why are you working to provide for an unrelated adult woman?

See a family law solicitor about having the step kids full time, if that’s what they want, and will tell a mediator. You’ll need a CAO which can cost as little as £300 if you represent yourselves.

puglover93 · 29/06/2026 11:10

Nope you don’t have to pay! I have a strained relationship with my ex husband but when he was up for redundancy he let me know immediately that his wage may stop and therefore his CM. I had a few months to plan for if that did happen. His partner earns a very decent wage but I’d of never expected, or asked, for her to pay the CM. Our daughter is not her financial responsibility.
His ex has had a year of knowing this was coming, she’s had time to put things in place and save if necessary. What he was paying her was incredibly generous in the first place (I’m assuming he’s been paying this amount for a long time?), and you’ve been very generous offering to pay the £500. She’s being ridiculous.

Luckydog7 · 29/06/2026 11:09

It sounds like the OPs household is the primary residence and op/DH are the primary carers in all but legality (because they take the kids back to mum's for bedtime but do everything else).

If the kids are old enough to choose where they live (over 10/11) and want to live with dad (as they basically already do) then there's nothing wrong with that.

I generally have a massive issue with dads leaving their jobs to live on a partner's income and reducing their CMS contributions but DH IS their primary parent and has been very generous subsidising his ex and her hew partner so I can't see that he'/you are doing anything wrong here and are doing a cracking job!

I can't see how she has any claim at all assuming they are legally divorced and financially seperated.

I hope your DH has a lovely time being a stay at home dad for a while. 5 children! Phew!! And congrats on the business going so well.

stargirl27 · 29/06/2026 11:08

ERthree · 29/06/2026 11:08

The problem is your husband has enabled his ex to sit on her arse for years. Now the money is dropping she is throwing a temper tantrum. Although legally you don't have to pay anything , the right thing to do is to pay what the cms ordered. She can then go to a solicitor but she won;t have a leg to stand on. Maybe it is time she actually done some parenting.

The DH has no income so the CMS won't be telling him to pay anything.

PurpleThistle7 · 29/06/2026 11:08

They're old enough to choose so they can just stay with you if you have the space for them to be there full-time. Then there's no confusion and everyone knows where they stand. She'd then owe you money but you could say you'd let that go if you like.

stargirl27 · 29/06/2026 11:08

donewiththistakemeaway · 29/06/2026 11:05

They absolutely can. 16 and 14

16 and 14! What are her plans for her income in 2-4 years' time?

ERthree · 29/06/2026 11:08

The problem is your husband has enabled his ex to sit on her arse for years. Now the money is dropping she is throwing a temper tantrum. Although legally you don't have to pay anything , the right thing to do is to pay what the cms ordered. She can then go to a solicitor but she won;t have a leg to stand on. Maybe it is time she actually done some parenting.

donewiththistakemeaway · 29/06/2026 11:07

stargirl27 · 29/06/2026 11:03

I'm a family solicitor. I'd be advising her, quite rightly, that CM is calculated based on your DH income. No income = no maintenance. In response to those who have commented that the reason for her not working may be that she gave up work as she had the children, if OPs DH and the ex wife have been separated for 9 years, I'd suggest the kids are old enough now for the ex to have obtained work.

Tell her to take legal advice. Your DH cannot subsidise her forever. It is not your responsibility either.

That’s great thank you for replying. She has a degree so she is a bright woman she just doesn’t want to work that’s the only reason why she doesn’t

OP posts:
donewiththistakemeaway · 29/06/2026 11:05

SparklesWithSynergy · 29/06/2026 11:03

So why cant they live with you full time? How old are they?

They absolutely can. 16 and 14

OP posts:
donewiththistakemeaway · 29/06/2026 11:04

Stompythedinosaur · 29/06/2026 11:01

It's not up to you to pay.

But I do think that a parent who optionally stops working without a care for the fact he is meant to be financially supporting his dc is a shitty dad.

And "tired from working for 12 years" is ridiculous. Most adults over the age of 30 have worked for 12 years, it's nothing to make a song and dance about.

No I’ve worked 12 years building my business which now can support me DH and 5 children. DH has worked in a physically demanding job for 30 years

OP posts:
FieldsOfFields · 29/06/2026 11:04

He could have not worked at any point due to ill health so she really should have been training or gaining qualifications to be able to work should her ex not have been able to provide financial support.

Honestly I wouldn't give her a penny of your money. She needs to stand on her own two feet, she is hardly even parenting her children. I can see why they would want to live with you full time. Depending on their ages they can choose to do that.

SparklesWithSynergy · 29/06/2026 11:03

donewiththistakemeaway · 29/06/2026 10:42

The kids want to stay with us full time as they have their siblings here and are used to being with us. Th egg only see their mum from 8pm -9pm Monday - Sunday.

So why cant they live with you full time? How old are they?

stargirl27 · 29/06/2026 11:03

I'm a family solicitor. I'd be advising her, quite rightly, that CM is calculated based on your DH income. No income = no maintenance. In response to those who have commented that the reason for her not working may be that she gave up work as she had the children, if OPs DH and the ex wife have been separated for 9 years, I'd suggest the kids are old enough now for the ex to have obtained work.

Tell her to take legal advice. Your DH cannot subsidise her forever. It is not your responsibility either.

donewiththistakemeaway · 29/06/2026 11:02

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.

It’s too much 4 hours around trip every day for work. Back breaking work he does. Physically demanding. It’s his turn now to help me with all the kids and he can live a less physically demanding life and I have pressure relived off me so I have help with childcare and I can improve my career now. I’ve stood in the wings being the unpaid nanny while he made his money and while his ex did nothing and now it’s my turn to sort my life and my career and he can be there for the kids and his ex can get a job. Between his ex and her partner if they could get a part time job and make £500 a month each and I continue with the £500 then the ex would be no worse off

OP posts:
Stompythedinosaur · 29/06/2026 11:01

It's not up to you to pay.

But I do think that a parent who optionally stops working without a care for the fact he is meant to be financially supporting his dc is a shitty dad.

And "tired from working for 12 years" is ridiculous. Most adults over the age of 30 have worked for 12 years, it's nothing to make a song and dance about.

caringcarer · 29/06/2026 10:57

HermioneWeasley · 29/06/2026 10:38

The kids haven’t stopped costing money just because he’s decided to give up his job - that’s not a luxury you have when you have kids. It’s not your responsibility it’s his (or 50% he shares with their mother). Depending on what happened before they split up, if they jointly agreed that she would give up work and reduce her earning potential to be the main parent then she simply isn’t as able to cover 50% of the costs due to joint decisions.

£300 a month for 2 kids when he’s only had them 10 nights a month is laughable - he’s not a prince for paying £1500 which is the bare minimum for 2 kids to have bedrooms, water, food etc.

Kids don't cost that much and the biological Mum should pay equal amount towards DC. £500 pcm when CMS says £300 is generous

donewiththistakemeaway · 29/06/2026 10:56

Chiapotayto · 29/06/2026 10:43

Do not offer to pay. I fully understand joint finances, etc, but committing yourself is a slippery slope to more and more demands from her.

Why doesn’t she work?

No reason other than she never had to. DH paid off the mortgage on the house she lives in when they were still together from inheritance from his family. It’s just the bills she needs to cover which I don’t know how much benefits she gets but that must help plus the CMS DH has paid over the years

OP posts:
caringcarer · 29/06/2026 10:56

Sartre · 29/06/2026 10:42

You don’t have to pay obviously and unless she’s sick or disabled she should be working but I do think it’s a bit shitty of your DH to quit work and subsequently stop paying any CM at all. I realise he’s offered 50:50 child care instead but that only works if the children really want that set up.

Edited

OP says the CSM payment was £300 and they are now offering £500 pcm. Just not the £1500 he previously paid when CMS calculator said £300.

ShetlandishMum · 29/06/2026 10:55

HermioneWeasley · 29/06/2026 10:38

The kids haven’t stopped costing money just because he’s decided to give up his job - that’s not a luxury you have when you have kids. It’s not your responsibility it’s his (or 50% he shares with their mother). Depending on what happened before they split up, if they jointly agreed that she would give up work and reduce her earning potential to be the main parent then she simply isn’t as able to cover 50% of the costs due to joint decisions.

£300 a month for 2 kids when he’s only had them 10 nights a month is laughable - he’s not a prince for paying £1500 which is the bare minimum for 2 kids to have bedrooms, water, food etc.

£1500? Most parents don't earn this a month and sort thing.
She has been very spoilt that mother with her ex paying her for years.

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