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Will we loose everything

261 replies

somethinghasgottogive · 30/12/2023 20:20

DH had a one night stand 12 years ago and had twin boys who are now 11.

The woman has never had a job even before having the boys (this is relevant)

DH works different shifts so he has his boys on different days throughout the month however they sleepover 13 nights a month. 11 nights with both the boys and 1 night a month each he has just one of the boys for 1-1 time especially as twins seem to get lumbared with being classed as the same person.

Despite this he has always paid £800 a month when he only has the boys for 2 days less than their mother.

I met my DH when the boys were almost 1 so I have been around a while. Once their mother found out about me (after a year of dating and DH wanting me to meet the boys) she started being difficult and not answering the door when DH would go to the house to pick the boys up, or not sending them to the childminders on the days my DH was due to pick them up from there after his shift. DH applied for mediation and the original contact schedule was resumed as court was suggested if she didn’t comply.

Anyway when the boys were 3 she announced that she had met someone and was moving to london and there was nothing that could be done about it. London is 3 hours a way from where we all lived and where are families are.

Me and DH had no choice but to sell our home with 4 bedrooms and a garden to move to london in a 3 bed flat which we both hate and the contact reminded the same as did the payments.

We have since had a child together and asked to reduce the money that he pays as with maternity pay and another child it’s not sustainable. She told us that the boys won’t be available then as she needs the money to pay her mortgage with her boyfriend (this is another man not the one she moved there for). In order to survive we have taken loans and credit cards. We are now having another baby and have again asked can the money be adjusted. She has said the same thing and keeps saying ‘ your choice to have a baby, you shouldn’t have children if your not capable of paying for them’. This really upsets me as she has never worked yet me and DH work and always have done. The main reasons me and DH need the money to change is because we are in debt, haven’t paid into our pensions for years because of it, our mortgage has almost doubled as our fixed rate ended, food doubled, insurance doubled and with another maternity leave coming we actually can’t survive. We will be left with £180 a month for food, clubs, days out, toiletries for our household with 2 children and the two boys. (we don’t pay for childcare as between me and my DH shifts and my flexible working option we wangle it well)

She has laughed and said there’s nothing we can do she will take pictures of the boys outside the house and say they were waiting for their dad to get them and he didn’t show up so he needs to pay.

What the hell do we do? Surely if she needs the money that’s paid to her then she must know we are desperate here. It is not time that she get a job she has had a free ride long enough and my DH pay maintenance for the 2 days a month he had the boys less?

Please any advice, we can't afford court not that it would matter anyway

OP posts:
Poppsidoppsi · 30/12/2023 20:23

You need legal advice, OP. She sounds absolutely vile.

ChilledToTheBone · 30/12/2023 20:23

Get the figure from child maintenance.
If she with holds contact. Get a court order. It's £215. No need for solicitors.
Keep everything on text or email form

HundredMilesAnHour · 30/12/2023 20:24

Stop letting her be the boss of you and take her to court.

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TwinklingLightsEverywhere · 30/12/2023 20:25

This seems quite a simple one. There is a child maintenance calculation and if you have the kids 50:50 it's basically nothing.

He's been overpaying for years, I always think you should pay as much as you can so he's demonstrated he's a good dad. Now it's time to tell the ex that she's legally entitled to much less and will need to accept what he proposes.

Check out the cms website.

NinaGina · 30/12/2023 20:25

Where did the figure of £800 come from? If you go online, you can enter income and calculate child maintenance payments.

I'm not advocating anyone pays less than agreed, and the government calculator calculates a minimum, and many parents would choose to pay more. But I;d be surprised if it came up with £800 if care was being shared.

Chocolatebuttonns · 30/12/2023 20:27

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TiptoeTess · 30/12/2023 20:28

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This!

Babyroobs · 30/12/2023 20:30

TiptoeTess · 30/12/2023 20:28

This!

Surely if she doesn't work then no CM can be gained?

Namchanged · 30/12/2023 20:33

She’s right you shouldn’t be having more kids if he can’t pay for the ones he had originally they were there first

NoSquirrels · 30/12/2023 20:34

Just go through CMS. You should have done it years ago.

somethinghasgottogive · 30/12/2023 20:35

NinaGina · 30/12/2023 20:25

Where did the figure of £800 come from? If you go online, you can enter income and calculate child maintenance payments.

I'm not advocating anyone pays less than agreed, and the government calculator calculates a minimum, and many parents would choose to pay more. But I;d be surprised if it came up with £800 if care was being shared.

The £800 figure originally came from his 23 year old logic that £200 towards food, £200 towards a roof over their head, £200 towards clubs and £200 for any extras/luxuries. The boys mother was 32 at the time and think she was more switched on than DH

OP posts:
Santaisscouringindeedfornewjob · 30/12/2023 20:36

Cms and court..

AllAroundMyCat · 30/12/2023 20:36

Go onto CMS calculator. Now.

Sodndashitall · 30/12/2023 20:37

You just tell her that you'll be going to court to secure child access and you'll be paying maintenance per CMS guidelines. The court fee is not so large and ypu can self represent. It's fairly straightforward as courts will.always want to maintain long-standing arrangements if there's no other reason to adjust

sadoldmum2018 · 30/12/2023 20:38

@somethinghasgottogive

How much does your DH earn?
£800.00 seems pretty steep. Unless he's a very high earner.

Check the CMS calculator online.
There's a reduction for overnights and subsequent children in his own household I think.

StarDolphins · 30/12/2023 20:39

I would go to court for access then say you will be paying x amount as per the CMS calculator.

Who the hell does she think she is!

sadoldmum2018 · 30/12/2023 20:40

Il amazed a 23 year old could afford £800 a month.
Has it always been that amount?

brainworms · 30/12/2023 20:42

Namchanged · 30/12/2023 20:33

She’s right you shouldn’t be having more kids if he can’t pay for the ones he had originally they were there first

This.

Why on earth do people keep doing stuff like this? Yes the ex is being an absolute vile pain in the arse, but WHY are you having children you can't afford to raise? You should have come to CMS from the get go.

somethinghasgottogive · 30/12/2023 20:43

sadoldmum2018 · 30/12/2023 20:38

@somethinghasgottogive

How much does your DH earn?
£800.00 seems pretty steep. Unless he's a very high earner.

Check the CMS calculator online.
There's a reduction for overnights and subsequent children in his own household I think.

No not a high earner at all but was 23, single and living with his parents and when did did move out it was to an area much much much less pricey than london

OP posts:
Forgotmylogindetails · 30/12/2023 20:45

@Namchanged oh do shut up.
he’s paying more than he needs to the job shy dick head of a mother should work and pay for her children as well.

Whattodo112222 · 30/12/2023 20:46

For goodness sake, cms and court is the only way. However, I will say the boys are of an age their wishes and feelings will be listened to so be careful that doesn't backfire on your DH.

Namchanged · 30/12/2023 20:48

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Strawberryjams · 30/12/2023 20:48

Omg I just did that calculated and I’m entitled to only £164 odd a month should DH and I ever were to split. Unless he’s making an absolute fortune he’s been well overpaying!
Even if you need to stick the cost on a credit card to get legal support you would be so much better off in the long run. She behaving appallingly and the children are not a weapon.

somethinghasgottogive · 30/12/2023 20:50

Toooldtoworry · 30/12/2023 20:43

https://www.gov.uk/calculate-child-maintenance

I'd definitely run a calculation.

I've done the calculator 139.34 per month the calculator said. That is affordable.

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