Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To have asked ex for this money and to think I don't owe child maintenance

77 replies

theduchessstill · 04/09/2017 13:21

Ex has the children 2 nights a week, plus a couple of afternoons until after tea during term time. He is on a very low income - probably less than someone on minimum wage who works f/t and is subsidised by his mother. He is workshy and has run up debts of about £8K since leaving the family home three years ago.

He has just received his divorce settlement from me (£12K) and mentioned in passing two days ago that he had booked himself a holiday next week, leaving me short of childcare for the two nights a week he picks them up. As a teacher I have no flexibility around work and have no family and friends around to ask either. I have an opening while he is away that will have me at work until 9pm. He did this two years ago too - just doesn't give a fuck. The days he has the dc have been in place for 3 years, though there's no court order or anything official.

I priced up the cost of the extra after school clubs I will need to pay for, and the rough cost of a school mum who sometimes has the dc for some cash as I'm hoping she'll cover the open evening. I wrote it all down and emailed it to him - it comes to about £100. I also asked that if he does this again he sort it out himself as it's not my job to arrange it, never mind pay for it.

Today when I dropped them off and asked for the money he refused to pay and asked when he is getting his child support. I nearly choked and he said he's entitled.

I have just used the calculator as if I was him - so put in my income as a payer and that I have the dc three or more overnights a week and it says he's entitled to £48 per week?! He buys nothing for the dc apart from what they eat with him. Nothing. He has been known to text me that he has no pants for one of them rather than spending a fiver himself. They spend the majority of their time with him on screens, he takes them nowhere, barely reads with them, rarely does music practise despite being a musician, goes off on holiday without a thought for childcare arrangements, contributes nothing to trips, uniforms, parties, activities, refuses to take them swimming despite the fact that they are both weak and I can't swim. Takes ds1 all the time to cricket practice and matches and does fuck all to make up for it with ds2. Just adds very little to their lives imo - though of course they love him and a lot of this is none of my business, though some is.

Now I may have to pay him £200 per month?? I have just added to the mortgage in order to pay him off, have to save for another payout he will get when ds2 is 21, pay for everything for the dc , have no savings set aside for their futures and now this.

AIBU to think it can't be right and to not pay it if he takes it further?

OP posts:
MilkTwoSugarsThanks · 04/09/2017 13:23

The RP does not pay maintenance to the NRP.

Do the calculations the other way round - he should be paying you.

Athome77 · 04/09/2017 13:25

I'm confused, u said he has them 2 nights a week, then in the calculator you put you have them 3 nights a week? Who has them the other nights. As far as I know you only pay him if has has them most of the time...

Pengggwn · 04/09/2017 13:25

This reply has been deleted

Message withdrawn at poster's request.

MyBrilliantDisguise · 04/09/2017 13:26

You will get very different answers if you put in the two nights, instead of three. He will then have to pay you.

Pengggwn · 04/09/2017 13:28

This reply has been deleted

Message withdrawn at poster's request.

MilkTwoSugarsThanks · 04/09/2017 13:28

The RP is the one who receives the CB for the children.

Myhomeismycastle · 04/09/2017 13:28

I don't understand Confused it seems like you are the RP & he has the children 2 nights a week??

The NRP pays child support, which is this case would be calculated as a % of his income minus 8 nights a month.

Am I being dense Hmm

Sprinklestar · 04/09/2017 13:28

That's not right. I'd also get your arrangements set up through a solicitor. He can't just opt out!

MrsJamesAspey · 04/09/2017 13:29

I think you e filled the form in wrong, you're completing it as if they live with him. Try again as yourself not him.

backOffSunshine · 04/09/2017 13:29

Why shouldn't you be paying?

As 99% of posters claim the small amounts through CMS are unfair, aren't you only too willing to have got off lightly?

It used to be women who suffered at the breakdown of a marriage - especially when children were involved. Thank god for feminism. We have equality of the sexes!

catkind · 04/09/2017 13:30

Week means 7 days. If you have them more than half of that, you are the RP and he owes you maintenance, however low his income.

Anecdoche · 04/09/2017 13:31

This reply has been deleted

Message withdrawn at poster's request.

theduchessstill · 04/09/2017 13:31

When I put in the amounts I was doing it as him. It asked how often the other parent (me) has them and the most you could put was 3 or more. I have them every night he doesn't - so 5 nights a week (sometimes 6 when he has a gig) but it only went up to three or more.

I don't get the RP thing - why does it offer him the option to say I have them three or more nights, which would mean more than him, but then say I potentially owe him?

If I pay him this money it will not go on the dc. I'm also afraid that if he starts looking into it then he'll say he wants them overnight more.

OP posts:
MilkTwoSugarsThanks · 04/09/2017 13:31

Unfortunately Sprinklestar he can just opt out - one of the many ways an NRP can screw over an RP. Solicitor or not, the NRP can just not show up Angry

MilkTwoSugarsThanks · 04/09/2017 13:32

duchess - if he is not the RP he cannot claim child maintenance.

Shelvesoutofbooks · 04/09/2017 13:33

He isn't the RP so you can't be filling in the form as him, as the form is to be filled in by the RP, which js you

donners312 · 04/09/2017 13:35

so then you are the RP and he will owe you CM, Don't fancy your chances though he sounds like a complete waste of air!!!

Call CMS up - they are crap however!

HerRoyalNotness · 04/09/2017 13:35

You're the RP. The DC live with you and visit their father, you're looking at it from the wrong angle.

You put in what he earns and how many actual nights they stay with him. Then that is how much he owes you. You don't pay him anything

Fresh8008 · 04/09/2017 13:36

theduchessstill your filling in the calculator wrong.

MurielsBottom · 04/09/2017 13:36

The most he can in terms of nights is 50/50 where no parent pays the other anything so don't panic too much. As the resident parent you don't pay the nrp.

LML83 · 04/09/2017 13:38

the resident parent completes the form, if the other parent has them more than 3 nights they are resident parent.

Complete the form as yourself and input 2 nights to non resident parent. Hopefully better results.

AliceTown · 04/09/2017 13:38

The calculator is not set up to do what you're trying to do. He is the Nrp so he can only have them max 3-3.5 days a week, otherwise he would become the RP, because he would have them on average more than you. The calculator also doesn't tell you that if you have a 50/50 arrangement, no maintenance is due in either direction but if you read the literature, it becomes clear.

He owes you money, not the other way around. He gets a reduction of 2/7ths of the full amount because they spend 2 nights a week with him. It could go up to 3/7ths depending on holiday contact.

theduchessstill · 04/09/2017 13:38

I've just out it in as if I'd be paying it - exactly the same figures- and that they stay with me three or more nights a week, and it now says I owe £182 per week! I don't understand it...

If I am the RP, how would the csa know that if he puts in a claim and is allowed to state they stay with me three or more nights?

OP posts:
Underthemoonlight · 04/09/2017 13:38

I'm confused are you the resident parent as in do they live with you the majority of the time or do you have 50/50? If your the majority then he pays you maintenance and is worked out on the number of nights he has them the lower the amount paid to you.

Starlight2345 · 04/09/2017 13:38

If he has them 2 nights a week, he is payable nothing..He should be paying you.

Swipe left for the next trending thread