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.

Ex issues!

30 replies

michaela85 · 02/05/2019 21:38

Apologies if this is in the wrong bit but it's my first post!!

Me and my ex split up about 5yrs ago, we lived together and had a son who's now 9. a year after we split, i moved down south to be nearer to my parents.

Since then he has done all the travelling, seeing him once or twice a month for the weekend and occasionally during the holidays. He's paid maintenance, usually around 10% of what he earns. And we kept things kinda amicable.

But problems started a few years ago, he went self employed and his earnings were irregular. Sometimes my payments were late by a few days as he was a contractor and didn't always get paid regularly and i'd have to chase him for it.

So i'd decided i'd had enough, so i contacted the CMS and got them to deal with it. Turns out he had a new job from Feb 2018 and was earning around £20k a year, but my payments never went up at all. So they have calculated that i am owed around £1300 in back payments dating to Feb last year. Since Feb this year he has started paying me the correct amount, but refusing to pay me any back payments.

He bases his arguments on a few things. First one being that while he was self employed between 2016 - 18, he was on low income, around £800pcm, but was still paying me £120 which is about £30 per month overpayment over 2 years.

His second argument is that he has got himself into massive debts, with credit cards, around £14k. And for the last 12 months he's been trying to pay them off, roughly £600 per month, which is why he hasn't been about to up my payments until now. Since Jan this year he has gone onto a debt management plan through stepchange, so his credit card payments have been reduced so now he is paying the correct amount per month.

His third argument is that it costs him a lot in petrol each month to see him. I moved exactly 100 miles away, and he says a 400mile round trip to see him for the weekend costs him about £70-80 in fuel, and that i should take that into consideration.

Anyway my reason for posting is, am i being unreasonable because he has shown me statements etc, i know his finances are a mess, but CMS are insisting he pays the arrears and could take it out his earnings, which he says will have massive implications on him. But it's his own fault he's in debt. And if he asked them to backdate it to when he was self employed and overpaying, will they take that into consideration?

He also says he is going to speak to a family mediation centre to get more access as currently i only allow him one weekend a month because he has school clubs, and birthday parties etc and i don't want him to miss out on seeing his friends. He wants to see him every other weekend, and alternate Christmas as currently he's with me Christmas and birthdays and he also wants shared travel arrangements meaning i'd have to take him up to see him, i'm on low income, i can't afford to do that, will he be able to do that?

Sorry it's long winded but any advice would be great! Smile

OP posts:
Beachbodynowayready · 02/05/2019 21:42

You moved away....
And don't prioritise your ds's social calendar over a relationship with his df.

M4J4 · 02/05/2019 21:44

How much does he get paid and how much maintenance does he give you?

He’s on a low wage, you moved 100 miles away, he has to pay petrol costs and you only let him see his/your son once a month. I feel bad for him.

Racmactac · 02/05/2019 21:45

I'm surprised he hasn't applied to Cms to reduce his liability based on the excessive travelling he has to do.

As for not allowing him contact because of his social life - really? Surely his relationship with df is far more important

And yes you moved away so why shouldn't you share the travelling.

crazycatlady5 · 02/05/2019 21:49

I think YABU. It sounds like he is actually struggling. Clearly adores his son and wants to spend more time with him. Happy to make the journey with the extra expense the petrol costs. You want more money but will only let him visit once per month 😯

Jimdandy · 02/05/2019 21:51

Wow! You are extremely selfish and I don’t think you have even entertained the notion of how unreasonable you are.

You moved away he shouldn’t have to do any travelling. I think that’s an extremely selfish move by any parent to move a child away from another parent. And as another poster said you don’t prioritise social Callander above a relationship with a parent

NCforthis2019 · 02/05/2019 21:54

YABU. Sorry, but he sounds like he's done his best after you moved away. And as for prioritising your sons social calendar over seeing his father - shame on you. Do you hate your ex that much? And why haven't you travelled to him - or even met him halfway? If course you should split christmases and birthdays - youre being so unfair!

CalmdownJanet · 02/05/2019 21:57

Wow yabu!

You moved, he does all the travel AND you restrict him to one weekend a month because of parties and activities?? Holy moly that's awful!

I would let the back payment go, it sounds like it would balance out from when he was on a low income plus he sounds like he has been very fair about travel and your imposed restrictions. I think you have a nerve actually

OKBobble · 02/05/2019 22:34

You moved away so you should be doing the travelling. He will get every other weekend and alternate Christmases and some holiday time too as standard contact.

Emily1091 · 02/05/2019 22:42

You sound like your more pissed off about money than anything else. You should be taking his travel costs into consideration and quite frankly visitation one weekend a month is poor in my opinion and the fact you expect him to do all the travelling when YOU moved away - no wonder he’s struggling and if he missed a visited he would be labelled a dead beat dad who lets his son down AND doesn’t pay!
Share the Christmas and birthday and give him more time as I would hate to think when you ex’s mum/dad/sister/brother last saw your son he’s missing out on all of that family as you don’t want him missing birthday parties, it’s just tough if you ask me.

I’d dread to think how that poor man feels on the long drive home knowing he won’t see his son for another month. Poor man.

Doyoumind · 02/05/2019 22:45

Mediation can't help him get what he wants unless you agree to it but what he's asking for is certainly the kind of arrangement a court would order if you don't agree to it.

Troels · 02/05/2019 23:05

YABU.
He overpaid you for a long time, and covers all the travel costs. You can't have it both ways. It makes you sound money grabbing.

michaela85 · 03/05/2019 09:14

Thanks for the responses, probably not what I was expecting but something to think about.
In response to someone's question he gets paid about £1600 before tax and pays me £196 a month but was paying £140 before Feb.

OP posts:
GeraldineFangedVagine · 03/05/2019 09:20

I broke up with my ex two years ago and moved about an hour away. I took the kids to see him every other weekend or when my ex wanted to see them as I moved. He also pays me a flat rate of £200 for both as although he could pay more it would mean he couldn’t afford to do as much with them. We have a great relationship now and I desperately wanted the kids to see their dad. He’s moved to the same town as me now and we properly co parent. I’m so glad I didn’t insist on more money and him travelling, it’s so much better for the kids with two parents who get on.

michaela85 · 03/05/2019 15:18

He has said over the years he'd be willing to move closer but he says he can't afford to move to the south on his own.

OP posts:
LemonSqueezy0 · 03/05/2019 15:28

If he took this to court and the CMS you'd see your money go down and your son would see his dad more.
I hope that you realise your son needs the opportunity to see his dad regularly.

Snausage · 03/05/2019 15:39

You move your son 100 miles from his father, allow monthly visits which don't include Christmas and birthdays and want more money when you admit his finances are a mess? Time to give your head a wobble, I think. If he took you to court it wouldn't surprise me if they said you had to take your son to his father's house and pick him up (on your own dollar). They'd also probably give him every other Christmas, birthday, weekend and half of the holidays.

PinkCrayon · 03/05/2019 15:49

Wow you are being extremely unreasonable!
You moved away, You should be at the very least doing half the journeys if not more! And as for you restricting his access to once a month because you dont think he should have more because he should see his friends etc.. I feel sorry for your child and your ex.

Newsflash: YOUR SON IS NOT YOUR PROPERTY.

I hope he gets more access!

Chloemol · 03/05/2019 16:53

YABVU. YOU moved away, YOU access to once a month due to what YOU perceive as requirements for your child( have you actually asked your child what he wants?) YOU are saying he can’t have him at Christmas. You admit you are on a low income so it’s obvious that actually it’s the money you want not a son/father relationship. If I was the father I would be taking you to court, and they would probably increase access, do Christmas every other year, get a couple of solid weeks Holiday, and come to some agreement about who pays travel costs as YOU moved away. Stop being so selfish and start to think about your child. If you can’t afford to take him all the way to his fathers perhaps you can meet halfway

TeddiesAreTakingOver · 03/05/2019 17:04

You seriously only “allow” his dad to see him once a month so he can see friends?! Very, very unreasonable. You’re also lucky he done all the travelling when it was you who moved away.

Youseethethingis · 03/05/2019 19:44

My advice is to properly support your sons relationship with his father. He’s 9 - you only have a few short years before the control starts to slip away from you. I’d start to get used to it now. His Dad has clearly been up against it and doing his best, despite you making things so difficult for him.

Charley50 · 03/05/2019 20:12

I think you're being unreasonable about birthday and Xmas, and maybe about the visit once a month too.
Xmas should be alternated.
Does ex pick him up and take him back to his, or see him where you live? I do think EOW when it's a long journey can be a bit much for a child who has to do the travelling, and that if they have a good relationship, once a month plus phone calls and Xmas etc can be enough.

In a couple of years your DS might be able to be put on a train and travel independently.

WhenISnappedAndFarted · 03/05/2019 20:21

I agree with everything else that PP's have said and have nothing else to add on that.

I know it doesn't matter now however I am self employed and it can be a nightmare getting people to pay up, which may have been a reason why money was late getting to you.

Princessphoebe75 · 03/05/2019 20:41

When did you make your application to CMS? because they can only get involved going forward. I'm confused as to your statement about his new job in Feb 18 and then saying he has to make back payments, that doesn't sound right unless I have misunderstood.
If the above is somehow correct, to concentrate on going forward now your ex has sorted himself out financially, why don't you suggest he pays something he can afford directly to you off the backpayment amount, and you can tell CMS you don't want them to collect it. Depends on your relationship with him though and if you trust him to keep to the agreement.
And yes he could apply for a reduction in his payments due to his travel costs and also if, he averages 1 night a week of looking after his son.

michaela85 · 07/05/2019 09:56

I made the application last year sometime but i didn't know his address and work address so I got someone I know who works in finance to get his address for me so I could give it to cms who have sent a DEO to his work.

I don't really trust him no because he never told mr his new job, and higher earnings. But he says that's because he was trying to pay off debts.

Would the cms reduce the payments as he was over paying? How could he prove travels costs over 5yrs and how could he prove he was overpaying?

OP posts:
PepsiLola · 07/05/2019 12:49

On 20k a year, no wonder he is struggling to pay back pay! It's not a large wage, and his living and motor costs probably eat that up