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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To expect ex husband to pay more towards 18 year old?

28 replies

therewillbetime · 03/10/2018 21:45

Ok, so ds IS 18, nearly 19.

He is however, still in full time education and will remain so until June 2019. He worked part time in the summer and has earned a little bit of money which is his 'pin' money. He will get some more work over half term but that is it until next Easter (although he is actively looking for weekend work ).

His dad and I split 8 years ago at my instigation and it was not pleasant regarding financial matters. I left with virtually nothing but wanted to do this rather than drag out a horrendous divorce. I went on to buy my own property. Until the last few months, ds stayed approx 3 nights a week at his dads. Because it was (more or less) 50/50, I did not claim child maintenance. I received the child benefit and still do. I have always paid for ds's mobile phone and will continue to do so until he is in 'proper' employment.

Over the years we have generally gone halves on stuff such as school uniform/school trips etc. For the first couple of years after splitting he was a nightmare financially but then things improved with him going halves at my request.

However , in May, his dad informed me he was moving in with his girlfriend who lives quite a distance away. This obviously meant that ds would not be spending regular time at his. Deep down, it came as a bit of a relief for ds - ds had begun spending less time at his dads as his friends lived closer to us and he had obviously started getting his own life. He was happy to go to his dads but his age meant that his other stuff had started taking over.

Since moving, ds has actually seen his dad only a handful of times. A few weeks ago I text his dad and said I had bought some clothes that our ds needed and renewed his passport and would he go halves? He did, and also sent £100 to 'cover things'. I accepted this as a few weeks had passed since he had moved but at least he had sent £100. However, another few weeks have passed and - nothing. I guess I thought that at some point, he would contact me and arrange some form of payment even if it meant giving ds say, £20 a week for bus fares etc.

I KNOW that ds is 18 - but, due to being in education, to me, he is still a dependent. My gut feeling is that my ex is being completely unreasonable by paying very little since he moved. When ds did stay at his, it meant he would provide some meals, bus fares for college etc but now - nothing.

Does everyone else think this is wrong? I just can't get my head around it, as, if it was the other way around, I couldn't bear to think that I was contributing so little to my son's upbringing.

OP posts:
Wheresthel1ght · 03/10/2018 21:51

When dp and his exw divorced the maintenance agreement was set up via mediation and has to be continued and until each child turns 21 and rightly so. Kids don't stop costing money just because they are legally an adult.

I suggest you contact your exh and if he isn't responsive contact the cms

SillySallySingsSongs · 03/10/2018 21:54

I suggest you contact your exh and if he isn't responsive contact the cms

Cms won't be interested in someone over 18 which is what the DS is.

therewillbetime · 03/10/2018 21:56

yes, the fact that ds is over 18 is the issue.

Fortunately I earn a reasonable wage, but, so does ex and it seems like he has just relinquished any financial responsibility.

OP posts:
WinterIsComing84 · 03/10/2018 21:57

Have you actually asked him for ongoing payments at all? I can't see in your post where you have... You asked him for money for clothes and passport, and he paid this and extra. I'm struggling to see how he's unreasonable, if I'm honest.

ArnoldBee · 03/10/2018 21:58

CMS is due as long as child benefit is in payment however I would at least talk to him.

therewillbetime · 03/10/2018 22:00

That is the next step - I am just so surprised that he hasn't discussed it. Alongside this, he has the tendency to be an utter pig when it comes to financial matters. I am envisaging I will get the statement that ds should pay for everything himself and that I am treating him like a child.

OP posts:
HerRoyalNotness · 03/10/2018 22:04

CMS should be interested. The new rules are Cm should be paid until child is 20 as long as they are still in education, unless it’s university.

therewillbetime · 03/10/2018 22:05

Really? I didn't realise that.

OP posts:
Leobynature · 03/10/2018 22:06

Bloody hell his an adult!!

There is no legal obligation for ex dh to pay for ds. Your son is nearly 19 if he needs something which he cannot afford he should ask his dad for it man to man, not you. In the meantime he needs to secure a part time job.

missymayhemsmum · 03/10/2018 22:07

You need to have a conversation with him, by email if that work better about expectations while ds is completing his education. He may prefer to pay ds an allowance for his clothes, fares etc (he may be doing so and ds has neglected to mention it??) . Is ds planning to go to uni?

titchy · 03/10/2018 22:09

There is no legal obligation for ex dh to pay for ds.

Yes there is - see post above.

Honestly why do people post shit they know nothing about Hmm

Leobynature · 03/10/2018 22:13

I stand corrected. 🤦🏽‍♀️

Hidillyho · 03/10/2018 22:15

Bloody hell his an adult!!

There is no legal obligation for ex dh to pay for ds. Your son is nearly 19 if he needs something which he cannot afford he should ask his dad for it man to man, not you. In the meantime he needs to secure a part time job

Or how about a parent who pays for their child (which OP has said her ex can afford) because that is what parents do.
I haven’t had my child to relinquish my parental responsibility at 18 🙄

Collaborate · 03/10/2018 22:19

@titchy I know. It puzzles me too.

If he's in secondary education you can go to CMS and should do so immediately.When he's 20, or he ceases full time secondary (non-university) education CMS drops out to be replaced by a court assessment on the application of the child.

Missingstreetlife · 03/10/2018 22:28

People are still helping kids who are at uni till they are 21!

PurpleRobe · 03/10/2018 22:29

Could your son ask his dad directly if he needs money?

underneaththeash · 03/10/2018 22:32

I think at 18 your DS should start asking his dad for money.

crimsonlake · 03/10/2018 22:32

I do not understand why you have never had on going CMS payments from him for your son, this is where you have been going wrong. Call them asap , your son is still in full time education so he needs to contribute towards him until he finishes next year. I do not think they can back date more than a couple of months, but you need to do this for your son and for yourself.

Dollymixture22 · 03/10/2018 22:36

If he is still in education and not spending any time with his dad through the week then his dad should be paying child support, to help cloth and feed him. It’s the decent thing to do for your child. Many kids doing their a levels are 18 and are living at home being supported.

Leobynature · 03/10/2018 22:40

@ Hidilly

I’m pleased for you. I may have a different cultural background/ class and value base to you. That is nothing to defend myself over. I happen to think a 19 should be capable of getting a PT job to buy their own clothes etc, however I don’t expect them to contribute to rent. That’s just me. His not a child. I will also raise my daughter to be able to be a little bit more independent when she is 19.

Your quoting me was unnecessary

Wheresthel1ght · 03/10/2018 22:45

Whilst ever the ds is in full time education and the op is in receipt of child benefit then he is required to pay and the cms will indeed be interested.

As I posted above maintenance is payable til child turns 21 even if they go to uni which is why ours is legally binding.

crimsonlake · 03/10/2018 22:50

Agree with Hidilly :)

Notcontent · 03/10/2018 22:52

I would definitely expect both parents to be still supporting a 19 year old.

Allthewaves · 03/10/2018 22:59

I'd send him an email asking if he could cover dc - bus pass, phone and some spending money each month. I think giving tangible reasons for money would forestall arguments from his side, you could also suggest he pays it directly into dc account.

Gersemi · 03/10/2018 23:08

@Leobynature, there certainly is a legal obligation to pay maintenance for a 19 year old in full time education.