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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To stick with cms?

15 replies

Marlboroandmalbec34 · 03/10/2018 19:38

STBXH has not paid any maintenance since we split 4 months ago
2 toddlers living with me. He has EOW. He is buying me out of family Home and I am renting ( he refused to let me and kids have house)
He has a reasonably good job. Because of his refusal to make arrangements for maintenance I put in a cms claim which starts this month and cms says he owes me £800 pcm.
He is adamant this is too much, says he is not funding my lifestyle etc etc. He without my knowledge transferred me £650 last week and then messaged saying he would pay £650 every month and buy kids shoes if I csncel cms claim. He says I am lucky to get this as most men won’t pay that much and that I am been greedy to expect more.
He said he will earn less this year than last, I asked to see proof but he said no.
Should I accept £150 less per month to keep the peace? Or should I keep cms open and make the relationship between us even more toxic?
I do work but he always earnt 3 times my salary, I am paying all nursery’s fees etc.
Aibu to want cms minimum? If I keep claim open should I keep the £650 he has paid me and class as arrears Or knock it off October’s owings?

OP posts:
Jimdandy · 03/10/2018 19:39

I would stick with CMS. If you cancel it and he stops paying you’re back to square one and they’ll only back date it to the date you open the new case.

WTFIsAGleepglorp · 03/10/2018 19:39

Keep going.

Promises are one thing, but something on paper is much better.

There's nothing stopping him from stopping the money once the divorce has gone through.

SodTheBloodyLotOfThem · 03/10/2018 19:40

Why would you even consider letting him steal £150 a month from his own babies? Fuck him.

7yo7yo · 03/10/2018 19:41

Fuck that stick with CMS and make sure you get good legal advice.

Havaina · 03/10/2018 19:43

Stick with CMS.

Will you be able to buy a home with the money he gives you for your share? Was it a fair arrangement?

FullOfJellyBeans · 03/10/2018 19:45

Stick with CMS. Why should you be short £150 a month. In reality you'll be more out of pocket as he'll decide "he can't afford it this month" or "i'll pay you in two weeks".

mineofuselessinformation · 03/10/2018 19:47

Just bear in mind that CMS is the minimum amount that is legally enforceable, and that you could have it forcibly taken from his wages if he doesn't cooperate. Stick with it.

Marlboroandmalbec34 · 04/10/2018 07:41

Thank you that’s what I thought. He just keeps comparing it with others we know who pay a lot less (because they earn less)
Equity has split 50/50 I won’t be able to buy for a few years but will be ok financially. He was very controlling so I find it hard to argue with him. I will stick with cms.

OP posts:
Glumglowworm · 04/10/2018 08:19

Stick with CMS

he’s trying to take £150 a month from his children. That’s £1800 a year. If they’re toddlers now then that’s £27000 over the next 15 years!

He’s not paying for your lifestyle. He’s paying the legal minimum for his children. And he doesn’t even want to do that.

LifeInPlastic · 04/10/2018 08:29

If he earns enough for the CMS to calculate he should be paying you £800 a month, he must be on a large salary.
He’s not shown himself to be massively reliable with giving you money and a decent dad would have contributed from the get go, not only with the CMS looming over him.
Stick with the CMS, it’s the best way to ensure you get the money every month and that he doesn’t hold it over you.

AgentJohnson · 04/10/2018 08:31

Stop listening to his ‘reasoning’ for screwing his children over. Detach, detach, detach.

Marlboroandmalbec34 · 04/10/2018 08:33

Detach detach yes that’s exactly what I need to do

OP posts:
YeTalkShiteHen · 04/10/2018 08:36

The second you cancel that claim, he’ll dodge paying, or drop the amount again.

Anyone who tries to dodge paying for their children is a rat imo.

boux · 04/10/2018 08:37

I don't think he's screwing his children over as another poster said. £650 would still be a good amount in my opinion. But I would go with CMS not because it's £150 a month more but because it provides you with security in that you will receive a regular payment.

sashh · 04/10/2018 08:46

email him saying thanks for the £650, it will be useful for Xmas.

CMS is the minimum he legally has to pay. It is not funding your lifestyle, it is for his children and why does he want £150 a month from his children to fund HIS lifestyle.

As for buying shoes, a friend of mine's husband bought school shoes for his daughter, they were flip flops.

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