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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think CM Options have been bloody useless here?

216 replies

VelvetSpoon · 12/02/2016 16:00

I'm a single parent to 2 DC. I split with my Ex over 7.5 years ago. I never claimed anything - mainly because he's a complete arse who,concealed his income (all through a ltd co, he earned 5k a year,rest was dividends) and also because he said he'd rather be unemployed than pay me (he said this at mediation too, that I didn't deserve a penny!). I was / am lucky in that I don't need the money to live on.

Anyway, recently I was talking to my boyfriend about my house (Ex is still on mortgage - I've tried to buy him out but he won't respond to a text and I've not spoken to him for 5 years) and ge said why don't you just apply for maintenance, might piss him off enough to do something about the house? And if not you've got some money you can put aside for DC.

So I contacted them. Initial call where they explained how it worked, 30 mins. Second call where they set up the application 55 mins. Third call for clarification 15 mins.

Now I am not a chatter on the phone by any means. I am pretty clear and concise. So I wasn't prolonging the calls, that's how long they were because of the info requested, and the person updating their system etc.

So in all those 3 calls I explained my eldest child isn't my Exs. The position, as I informed them v clearly, is that DS1 has no contact with his bio dad. He's not on the birth cert, this is blank as to father's details. I have had no contact with him since before I knew I was pregnant, and no money from him. I met my Ex when DS was 18m, he has treated him as his since then, DS called him dad etc. He has never formally adopted him as we didn't think it necessary. I've always been v clear he should treat both DS and our DC together the same.

So I don't think that's complicated right?

On calls 2 and 3, I was asked if my Ex was on the birth cert. Well no, because I've said no father was named, and I've just told you we met when DS was 18m! Has he adopted him? No, I've already told you.

So today call no4. They can't claim for DS1 because he's not on the BC.

Would i like to make a claim against his dad? Or would I like to make a family arrangement with my Ex (despite me telling them on every call we don't speak, and he doesn't reply to other correspondence).

Is it too much to expect in 1.5 hours of calls I might get the right info, or for people to actually read the notes?

Apparently they're not proceeding with my application now, complete waste of time! Angry

OP posts:
VimFuego101 · 12/02/2016 19:32

Ok clearly I've got the all kids should have the sane dad brigade on tonight...

No, nobody said that. They just questioned why you were holding someone responsible for supporting a child that he was not involved in the conception of. He is not responsible for the fact you cannot trace the father of your oldest son or that he may be dead. You cannot expect your children to be treated 'equally' when he is not the father of one of them. If he stepped up and parented your oldest son, then that's a good thing - but it doesn't mean you can then ask him for money for a child that isn't his.

CantWaitForWarmWeather · 12/02/2016 19:33

And in reality...he had no choice about DSs birth, that was up to me. I chose to keep DS.

And your ex didn't have a choice either. Confused Even less so because you weren't even with him.

VimFuego101 · 12/02/2016 19:34

Exactly, CantWait.

VimFuego101 · 12/02/2016 19:35

Incidentally, OP, what would you do if your DS wanted to go and live with your ex? would you be willing to pay child support to him?

ProfGrammaticus · 12/02/2016 19:36

Morally he should pay for DC1. Legally he doesn't have to. Yes the agency should have told you that to start with, as you say it us pretty bloody basic and tea they are crap. Nil desperandum - apply for DC2, your strategy may still work and you do need to sort the house out as you can't move without your ex's signature.

AutumnLeavesArePretty · 12/02/2016 19:36

So are you expecting the current BF to support all the children if you break up?

ProfGrammaticus · 12/02/2016 19:36

Tea? WTF?

ElderlyKoreanLady · 12/02/2016 19:39

So what you actually wanted was for one of the call centre operators at CMS to tell you that this expert family law mediator was wrong...without actually looking into it first.

Collabo · 12/02/2016 19:41

If you'd never met your ex, you'd still have a son and he'd still need financial support. Your ex had no say in whether your child was born. Your ex chose to treat your son as his own because he was in a relationship with you.

VelvetSpoon · 12/02/2016 19:43

CantWait, my Ex chose to assume a parental role to DS. He didn't have to. He asked to. I didn't expect or ask him to, his choice 15 years ago.

My boyfriend and I don't live together. We don't plan to for many years. He has not and will not assume a parental role towards my DC, and they certainly won't ever call him Dad.

ProfG, yes you're right. I should just go back to Sq 1 and start it all again for DS2. I'm just annoyed at having to do another hour on the phone....

OP posts:
VimFuego101 · 12/02/2016 19:46

Assuming a parental role towards a child doesn't mean you should expect them to provide financial support, especially when you've chosen not to pursue that financial support from the child's own father.

AutumnLeavesArePretty · 12/02/2016 19:47

Then don't, you only seem to be doing it as your boyfriend told you too.

If he doesn't yet live with you then getting the house in your sole name and ensuring at least one dad is paying makes it easier and cushier when he moves in. A cynic would say it's a calculated move.

Fourormore · 12/02/2016 19:48

Had he said actually Velvet your kid will NEVER be my responsibility, he's just yours, I probably would have dumped his arse there and then. I certainly would never have allowed him to behave as a parent. Who would?!

Perhaps this is why he took you both on?
Your DS1's father absolutely has a responsibility to pay for his child - he did have a choice in his birth, he got you pregnant. His responsibility started right then. I thought the CMS could help trace him.

Collabo · 12/02/2016 19:48

But he clearly didn't choose to assume financial responsibility after your relationship ended.

whois · 12/02/2016 19:52

Your first child is nothing to do with your ex! Way to go picking fathers...

ballstoit · 12/02/2016 19:53

They haven't given you misinformation, child maintenance options will have initially contacted your ex to see what his position is. Had he said he was happy to accept financial responsibility for both DSs, they'd have calculated based on 2 children.
Because he isn't legally obliged to support your oldest DS they have asked you to proceed with a claim for 1 child.

YouAreMyRain · 12/02/2016 19:54

So, DS1 was 18 months old when you met your ex. You were together for eight years, and split 7.5 yrs ago.

So your DS1 is 17 years old.

You were going to a lot of trouble to get CM for one year.

VelvetSpoon · 12/02/2016 20:06

Whois, why don't you just fuck off with your snidey comment about my DC fathers ? I've brought up 2 children on my own for the last 7.5 years, worked ft since my eldest DS was a baby. Paid the majority of a large mortgage, all without any financial support or any emotional support (no family of my own). Better that than be like friends who waited so long for the perfect man (well actually just one that wasn't a complete loser) they're now too old to have kids.

And they haven't contacted my Ex at all. They said today they're not allowed to contact him because DS1 isn't his, under their rules they're not allowed to send a claim out to him.

So unless they are lying, it's nothing to do with anything they've told him as they haven't contacted him, and won't now as my application is void.

OP posts:
DontCareHowIWantItNow · 12/02/2016 20:08

Better that than be like friends who waited so long for the perfect man (well actually just one that wasn't a complete loser) they're now too old to have kids.

Wow... Hmm

JohnLuther · 12/02/2016 20:09

You sound bitter OP.

gooseberryroolz · 12/02/2016 20:10

Bitter? She's just having a pop back at the snide crowd, isn't she?

VelvetSpoon · 12/02/2016 20:11

Autumn, my boyfriend and I won't be moving in together for a long time. Probably not until DS2 goes to college/uni, by which time any maintenance I may receive will have ended. We're also unlikely to move into my house, rather get a new place together. Your theory is fine is my bf was an aspiring cocklodger - he isn't.

OP posts:
Shutthatdoor · 12/02/2016 20:13

Bitter? She's just having a pop back at the snide crowd, isn't she?

'Snide crowd"

Having an opinion that you may not agree with is not 'snide'

That also isn't a nice way for the OP to talk about her friends tbh.

WineOrSleep · 12/02/2016 20:15

Better that than be like friends who waited so long for the perfect man (well actually just one that wasn't a complete loser) they're now too old to have kids.

At least your friends waited to find a decent man as opposed to....

You need to stop sounding bitter and twisted op

Redo the claim for ds2. Chalk it up to one of life's annoyances that you have to waste another hour. And maybe learn to calm down a tad

gooseberryroolz · 12/02/2016 20:25

Shut

whois' post was decidely curt as was at least one other poster upthread.