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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that sometimes a new partners income should be considered by CMS?

515 replies

LolaLouise · 27/05/2018 14:05

My ex hasnt seen our kids in 2 years, or paid a penny in 18 months. This includes birthdays and Christmas. School residential trips, school uniforms, childcare, activities, everything they need is paid for solely by myself. My ex quit his well paid job to live off some inheritance rather than pay for his kids. He said this was the reason for quitting his job.

6 months ago he entered a new relationship, where he now is a sahp to her two young children whilst she works full time. This arrangement has happened for he past 4 months. He is saving her a lot in childcare fees by staying at home and avoiding working so he doesnt have to pay his own. They have a good set up with extra from tax credits and enough to go on a summer holiday together.

Now aside from the morals of allowing a man you have known for 6 months to care full time for your children, she is well he is a father to 3 other children he has no contact or financial support for.

Am i wrong in thinking their household income should be considered by CMS? As it stands, as he has no taxable income, he is on a nil rate.

OP posts:
JuicyStrawberry · 28/05/2018 14:12

Getting into a relationship with someone who has kids living with them is different to one who's kids are not living with them.

Exactly. They are two different sets of circumstances and people have a choice whether they move someone in or not. The nrp loses nothing financially but the rp potentially does. That's not the nrp's partner's problem.

HughGrantsHair · 28/05/2018 14:21

Well the rule should be an NRP cannot not work.

JuicyStrawberry · 28/05/2018 14:24

Well if the nrp too ill to work then they wouldn't be able to.

flamingofridays · 28/05/2018 14:26

How absolutely ridiculous!

HughGrantsHair · 28/05/2018 14:27

If the NRP is ill, they'll be claiming sickness benefits or sick pay and would be paying some amount of child maintenance.

But that wasn't the argument anyway. The argument was if an NRP CHOOSES not to work.

HughGrantsHair · 28/05/2018 14:28

How is it ridiculous Flamingo? I can't decide tomorrow I'm not going to work and not going to pay any money towards my children. I'll be prosecuted for neglect.

HughGrantsHair · 28/05/2018 14:28

Apologises if my wording wasn't correct. I meant an NRP shouldn't be able to choose not to work.

flamingofridays · 28/05/2018 14:31

Well, you can. You'd have to look for work but wouldn't have to work would you?
You wouldn't be prosecuted for neglect for not working Hmm

You can't say if you don't live with your children you MUST work. Too many circumstances that mean people can't/don't have to.

Basically you're saying men shouldn't be stay at home dads. Very progressive.

PrettyLovely · 28/05/2018 14:39

Flamingo are you one of those women with low standards who work to enable their partner to avoid paying child support? Only I cant understand why you are so supportive of them?

flamingofridays · 28/05/2018 14:41

No pretty if you'd bothered to read my posts my dss lives with us.

I'm not defending any father for not paying. They should. Their new gf should not.

PrettyLovely · 28/05/2018 14:51

Not buying it sorry, Your moral compass is way off.
And yes you have defended him telling op she is bitter.
Even being so manipulative as to imply people are against stay at home dads.
NEWSFLASH he ISNT their Dad, he hasnt been with their mum that long to be even considered a stepdad!
He cant even parent his own kids and take responsibility, Its shocking that his new girlfriend would even trust him with her own kids when he takes no responsibility for his own.
But I suppose thats what low standards in life gets you, poor kids.

HughGrantsHair · 28/05/2018 14:52

Any NRP can be a SAHP for their step or new children, but NEVER at the expense of their children from a previous relationship.

flamingofridays · 28/05/2018 14:55

Not buying it 😂 ok then I'm not sure how I'm supposed to prove it?

Whether new gf trusts him or mot is irrelevant to op. Maintenance is nothing to do with her.

And I wasn't talking about ops situation when I said about stay at home dad's but saying nrps should have to work is against stay at home dads. If they had further children they wouldn't be allowed to stay at home with them now would they?

JuicyStrawberry · 28/05/2018 14:56

She isnt a poor woman, shes actively helping her deadbeat boyfriend in avoiding maintenance.

Poor woman being stuck with him. And at 6 months in to the relationship a) he should not be a "sahp" to her kids. He should be working! He's not even their dad for a start, and b) she shouldn't be paying maintenance so early on in the relationship. it could end tomorrow so I do not think she should have that level of commitment and neither should he with her kids. Madness.

My bet is that he is using her kids as an excuse not to work. She needs to put a stop to that.

HughGrantsHair · 28/05/2018 14:56

And Flamingo, have you ever claimed Job Seekers? I couldn't pretend to be looking for work and just stay at home. I'd have to jump through hoops and risk having my benefits stopped if I didn't go for every interview the job centre deemed suitable.

The OPs ex and all the other deadbeats choosing not to work and to be funded by of a new partner wouldn't have to would they? Nope they just stay home for years on end and do what's best for their new family.

HughGrantsHair · 28/05/2018 14:58

Flamingo, you are saying that to be progressive and encourage SAHDs in this day and age, they should be allowed to forget about their first children.

How is that progressive?

Can't be a SAHD because you already have children you have to provide for? Tough.

PrettyLovely · 28/05/2018 14:59

Its actually really scary that the new girlfriend would leave her two small children in the care of someone she has known for 8 weeks Confused

flamingofridays · 28/05/2018 14:59

Nope I haven't but a lot of people manage it.

Yep the man's a git but of course the gf is going to do what's best for her own kids. Why on earth wouldn't she?

flamingofridays · 28/05/2018 14:59

Oh so first families are more important than second families?

PrettyLovely · 28/05/2018 15:00

You think leaving small children with a man you have known for 8weeks is doing the best for your kids, Shocking Shock

HughGrantsHair · 28/05/2018 15:00

They are equally as important Flamingo. Whereas the impression you're giving is that they are less important.

flamingofridays · 28/05/2018 15:02

Well She clearly does?

Nope they're not less important and as I have said HE should be supporting them. His new gf should not.

I don't think you understand what I am saying at all.

PrettyLovely · 28/05/2018 15:05

I have a step family flamingo, My husband has a son, He pays for his child has never missed a payment he hasnt stopped being a Dad because he has taken on my kids and had kids with me.
I couldnt be with him if he had been like ops ex because I have morals.

HughGrantsHair · 28/05/2018 15:07

Do you have any suggestions to tackle NRPs who become SAHPs for their new partners to avoid paying child maintenance for their children?

flamingofridays · 28/05/2018 15:07

Good for you?

I have a step son. He lives with us. I also have a 2yo. Neither of them go without. Where is my medal?

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