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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

WWYD? CMS

9 replies

AFigureOfSpeech · 31/01/2020 16:39

My DH pays maintenance every month for his one DD with his ex. The contact had been 3 days with us 4 days with ex.

She changed jobs about 2 years ago now and works longer irregular hours.

Since about this time last year we've had DD 4 nights a week 9 times out of 10 and on the weeks we haven't, we usually pick up and do tea for ex to come at about 7pm to collect her from us.

We do everything on those days and it's even been us doing school runs on exes days occasionally to help with her work commitments etc...

My DH is self employed and is struggling a little at the moment with the work flow. He's thinking about reassessing or stopping maintenance if it carries on the way it is of us having DD 4 nights a week most of the time (it's about one in every 4 weeks that we'll have her 3 nights instead of 4 but has been purely down to exes discretion so far as in she asks us each week for the extra night).

We don't mind AT ALL having DD most of the time, there's no problem there and with his (and mine sometimes) work flexibility it's usually us that do school runs etc... Anyway.

WWYD? We don't want to be unfair and certainly don't want to cause upset as we get on with ex well and have always been as flexible as possible, myself included. But it does seem to be the case that we have been having DD for over 50% of the time for quite a while now so we aren't sure what is right. We've suggested before having DD officially with us for 4 days so it's a set routine for her but she (ex) gets upset at the suggestion so on paper she's still the RP. We're not bothered about CB payments or anything like that but it would really relieve some of the financial stress for him and I'm not sure that's unfair considering the amount we have DD?

Because I know it'll be asked, he pays £300 per month at the moment which was the calculation when he was having 3 nights a week along with 50% of school costs, activities etc... which he always pays without fail and always contributes to extras.

It's nothing to do with us having a baby and reducing money or anything like that (we don't have kids), just want to know what's fair especially now we are in a rough spot at the min.

Please go easy, I'm honestly not a wicked SM who wants to erase his ex! She's a perfectly nice woman! Just don't know what to do here.

OP posts:
user1468348545 · 31/01/2020 16:47

If things are amicable can you not just sit down with her and discuss the circumstances and see if you can all agree a fairer amount. If you are having her as much as you've described then technically maintenance should be reassessed anyway. However you may find if you go down the cms route that she suddenly reduces this down and finds alternatives meaning dd misses out.

I'd try talking to her first, then go from there.

AFigureOfSpeech · 31/01/2020 16:48

Yes user, that would be ideal and likely what DH will do. I just wanted to gather opinions first as he's feeling a bit guilty about it.

OP posts:
NailsNeedDoing · 31/01/2020 16:52

Circumstances have changed, it’s perfectly reasonable to have a reassessment. I don’t think the new baby should be taken into account though, only his wages an the nights she is with you.

NailsNeedDoing · 31/01/2020 16:53

Oops, sorry, missed your bit in brackets!

AFigureOfSpeech · 31/01/2020 16:58

Yes no new babies or anything like that! I just see a lot of that and was pointing out it's not the case here. As you say, circumstances do seem to have changed quite a lot.

OP posts:
Tellingitlikeitisnt · 31/01/2020 17:01

Of course he shouldn’t be paying when he has her more than 50% of the time

He is fairly contributing to extras by the sounds of it and you have both been more than reasonable

Ex isnt going to like it as I’m sure she is used to the income but it’s not really fair on you and so it should change

Tellingitlikeitisnt · 31/01/2020 17:02

However I suspect if you raise it she will stop the 4th day so she remains RP and the maintenance can’t change (Altho it seems very high for just one child if he is on a tight income and it’s only one extra day per week with RP?)

Urkiddingright · 31/01/2020 17:05

Since things are so amicable between you why doesn’t he mention it to her? He should just say ‘because I’m now having DD for half of the week, I don’t think I’m liable to pay CM anymore’ and see what she says. I agree with a PP though, I reckon she’d drop the fourth day so he has to continue paying.

AFigureOfSpeech · 31/01/2020 18:14

I reckon she’d drop the fourth day so he has to continue paying

Yes this is obviously a possibility although I think she'd struggle with work and we'd still end up having DD with us until later on when she could pick her up (usually about 7).

OP posts:
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