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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:
somethinghasgottogive · 24/01/2024 16:28

ImFckingMattDamon · 24/01/2024 16:25

That's insane! Who is your DH paying the £400 maintenence to if the children live with you full time? For her to live off?

I agree. It's an insane request but she feels entitled to any money from DH because why should her life be changed because me and DH are struggling financially due to maternity leave and a ridiculous current mortgage

OP posts:
porridgeisbae · 24/01/2024 16:30

If you're sure you want to move back then go for it of course. I just wouldn't want you to move somewhere you don't really like for an indefinite amount of time because you've convinced yourself you don't have a choice.

NiftyBiiknhui · 24/01/2024 16:33

Take the boys full time op and the child benefit and leave her to contact you when she wants to see them.

stop paying her anything, no court in the uk will enforce your husband to pay her anything if the boys are with you full time you can’t push her into poverty if she’s perfectly capable of working.

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porridgeisbae · 24/01/2024 16:33

somethinghasgottogive · 24/01/2024 16:28

I agree. It's an insane request but she feels entitled to any money from DH because why should her life be changed because me and DH are struggling financially due to maternity leave and a ridiculous current mortgage

The real question is the other way round of course- why should she have had such a cushy number for so long despite its effect on you, DH, and your DCs.

somethinghasgottogive · 24/01/2024 16:35

porridgeisbae · 24/01/2024 16:30

If you're sure you want to move back then go for it of course. I just wouldn't want you to move somewhere you don't really like for an indefinite amount of time because you've convinced yourself you don't have a choice.

Personally I want to and so does DH. The boys are not aware yet but we have casually had a conversation with the boys disguised as a game such as

Would you rather live here as we are it move to somewhere cheaper and have more holidays
And
Would you rather be able to join all clubs and live in a bigger house but leave your friends or stay in a flat and stay in the same clubs but get to live near current friends and I'm sure you have guessed what their answers were

OP posts:
somethinghasgottogive · 24/01/2024 16:36

NiftyBiiknhui · 24/01/2024 16:33

Take the boys full time op and the child benefit and leave her to contact you when she wants to see them.

stop paying her anything, no court in the uk will enforce your husband to pay her anything if the boys are with you full time you can’t push her into poverty if she’s perfectly capable of working.

I agree it's just heartbreaking to take the boys away from their mum

OP posts:
porridgeisbae · 24/01/2024 16:44

From all you've said, I'm sure she's not really that good for them to be around, OP.

NiftyBiiknhui · 24/01/2024 16:46

@somethinghasgottogive tbh your not it’s not any different now really as they are with you all the time, if she wants to see them let her make the effort.

Please stop paying for her now, she’s freeloading off you, no matter how difficult it is for you and your husband and is using the boys as an excuse to keep doing so.

WaitingForRainAgain · 24/01/2024 17:16

Can you just agree you have them full time and then just don't pay her anything once everyone is settled?

MrsPinkCock · 24/01/2024 17:36

Im actually shocked that a solicitor would send that kind of letter knowing that a court would never award anything of the sort.

Your DH, obviously well intentioned, has been played for an absolute mug.

She wants to not work and have her ex ONS pay for everything for her, and to not even have her kids on top.

She is an absolute waste of space and YANBU to stop paying so much.

Id keep all contact in writing so you have evidence if she tries to withhold contact.

What a piece of work she is!

Sodndashitall · 24/01/2024 17:50

I'd just push back on her CF offer of option 3 with benefits! It's the options you've outlined or it's a court order.

She will cave I guarantee it

SunCreamQueenie · 24/01/2024 17:58

To be paying that much with shared care his income would have to be north of £200k. Use the CMS calculator and check what he should be paying. Agree with others, Legal Advice is imperative. Good luck

somethinghasgottogive · 24/01/2024 19:17

MrsPinkCock · 24/01/2024 17:36

Im actually shocked that a solicitor would send that kind of letter knowing that a court would never award anything of the sort.

Your DH, obviously well intentioned, has been played for an absolute mug.

She wants to not work and have her ex ONS pay for everything for her, and to not even have her kids on top.

She is an absolute waste of space and YANBU to stop paying so much.

Id keep all contact in writing so you have evidence if she tries to withhold contact.

What a piece of work she is!

The solicitor my DH saw was gobsmacked too and couldn't believe what had been wrote. There will be no communication now unless it is via solicitor letters or email so there is a paper trail

OP posts:
somethinghasgottogive · 24/01/2024 19:19

SunCreamQueenie · 24/01/2024 17:58

To be paying that much with shared care his income would have to be north of £200k. Use the CMS calculator and check what he should be paying. Agree with others, Legal Advice is imperative. Good luck

He shouldn't be paying anything at all the offer of any money was just to try and keep in her good books. But it looks like court is the only option. Likely we will push for full custody and no money and then if FH wants to pay anything over to her then that's his choice

OP posts:
FlippyFloppyShoe · 24/01/2024 20:33

Hi, have you formally sat down with the boys and laid out what the options are (not the money side, apart from needing a bigger house so having to move) and asked them their thoughts? They are old enough to weigh it up and have that input early doors, could save going down an avenue that they end up being unhappy with?

LittleMousewithcloggson · 24/01/2024 20:44

Child benefit can only be claimed by the parent the kids live with. If it is already claimed then it can be claimed for a short period of time after the children move in with someone else (think it’s for 8 weeks?) but if a new claim is put in (which you would do) then it will go to you instead

TeachesOfPeaches · 24/01/2024 20:45

A solicitor will write any old rubbish you pay them to,

LittleMousewithcloggson · 24/01/2024 20:47

Get your solicitor to write a letter saying all offers are now withdrawn and you will be seeking the following….(insert what you want)….in court instead
we did that and when the Ex turned around in court and said she would take what we what originally had offered the courts told her it was too late and we had made that clear

EliflurtleAndTheInfiniteMadness · 24/01/2024 21:34

somethinghasgottogive · 24/01/2024 16:35

Personally I want to and so does DH. The boys are not aware yet but we have casually had a conversation with the boys disguised as a game such as

Would you rather live here as we are it move to somewhere cheaper and have more holidays
And
Would you rather be able to join all clubs and live in a bigger house but leave your friends or stay in a flat and stay in the same clubs but get to live near current friends and I'm sure you have guessed what their answers were

This really isn't something you can base moving on. Being away from their mother even if she's not a very good one might still be something they don't want to do. If you do ask them about moving away without their mother make it clear the final choice is up to the adults/court as they might feel guilty saying they want to move away from her. Dont let her keep CB as if you don't move that could muddy the waters. You could offer to replace CB plus a little bit, Id be tempted to throw some money at her to expedite things. Be cautious about taking anything she says at face value and if you decide to move make sure it's all signed and sealed legally and she can't backout before you commit to moving. If she falls out with her current boyfriend she might refocus on the twins and the maintenance money. I'd move as quickly as possible while she's distracted to get everything tied up legally.

MadeForThis · 24/01/2024 22:21

She is shocking.

justtidying · 25/01/2024 00:15

Can't believe what I am reading. She sounds vile.

Dwrcegin · 25/01/2024 08:47

*The boys live with us full time
DH pays £400 maintenance
No maintenance from her
She keeps the child benefit
£1000 xmas money
DH pay for all travel for the boys or for her for contact
...
Strictly no weekends
DH to pay for all big ticket items.

She has then followed up the second letter with an email saying ‘ if you want the kids full time then you pay for them’.*

Shocking, the absolute greed! The fact she wrote that down and sent it is astounding. Why on earth is she expecting money when she'd not even have them. Take them full time and do not pay her anything, inc the child benefit. Let her get a job.

2dogsandabudgie · 25/01/2024 09:10

I took am shocked at what this woman is asking for. Do not pay her anything. Why would she need £1000 Christmas money? Sounds like she wants a great Christmas at your husband's expense. If she wants your husband to sign anything don't. Have the boys live with you full time and don't pay her a penny. She is quite capable of getting a job to support herself. She has taken you both for a ride all these years. Put a stop to this nonsense.

NiftyBiiknhui · 25/01/2024 10:20

Have you and your husband stopped paying her money @somethinghasgottogive ?

somethinghasgottogive · 26/01/2024 11:30

NiftyBiiknhui · 25/01/2024 10:20

Have you and your husband stopped paying her money @somethinghasgottogive ?

DH always pays on pay day which is next week and he will not be paying a penny on pay day for the first time ever. This will be the first month where he has not paid and we are both very worried about the fallout. DH has arranged for the boys to be with us all weekend as usual and told their mum they need to stay here on Wednesday night(pay day) just to make sure she doesn't withhold the boys from us on payday. and I have spoken to the boys last night after school ad they come straight here (we were going to wait to the weekend but their mum has already told them that they are coming to live with us elsewhere) and the boys only concern was is there any sports teams back where we used to live. DH went onto google last night and showed them there's loads of different teams and they are more than happy to move. It's been explained to them that it's going to take a while to sort a house out back where we used to live but even if we have to stay with family while the house goes through they will be able to start in September in a new school. Neither of the boys shared any concern and both asked will they have to share a room and have been told 100% sure they will not and we will not buy a home that is not big enough for us all as the area is so much cheaper. The boys have both been chatting this morning before school typical sibling talk about who gets the bigger room etc. so they seem excited if anything.

OP posts: