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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Child Maintenance Stopping

70 replies

Willarosie · 10/02/2020 12:27

Hi, my ex husband has a well paid career and he has always paid maintenance for his children. It is a private agreement. His wife has been a full time mum to their son who is now 18 months old, I was absolutely fine when they reduced payments to us when their Son was born. I was also fine with reduced maintenance payments when but wants to go back to her career so has asked my ex husband to be a full time dad. Therefore, my ex husband said that if this happens they will no longer pay any child maintenance to our two children even though they will have a household income of over £50k. I took nothing from my ex husband - nothing of the equity in the house, nothing from his inheritance, no spousal maintenance I didn't even make a claim on his pension. I know they don't have to pay from his wife's income, but it seems very unfair. He isn't willing to contribute a penny for his children. How can this be fair?

OP posts:
stuffedpeppers · 10/02/2020 21:02

Aureum - .in your very black and white world, if and we know in this case it will not happen - the DCS did spend more time with their DF - she would end up paying for them!

Or should the RP pay for that as well? On your basis, contact should be terminated completely because the DF is no longer contributing to the household income, therefore can not pay for his children either at his home or their RPs and the wife should not be paying anything towards the children.

Aureum · 10/02/2020 23:04

I think it’s perfectly reasonable for his new wife to refuse to pay for children that aren’t hers. The children have two parents. If the NRP can’t pay then the RP will have to. You can’t expect a woman who isn’t even related to pay for them.

PorpentinaScamander · 10/02/2020 23:19

My ex did similar. He laughed down the phone when telling me his plan.

He also refuses to have the DC anymore than he did anyway (10am-6pm once per week).
He's a shit.

When my new DP moved in, my benefits were stopped as between us we were over the threshold. It was expected that he would pay towards my DC. Why isn't this the case when NRP moves in with someone?

aroundtheworldyet · 10/02/2020 23:34

This why people; always get everything you can and don’t trust anyone’s “gentleman’s” agreement

I hate to say it, but this is what happens when you decide to be too nice to someone. They will shit all over you.

Go back to a solicitor ASAP.

Is it written evidence about them doing it on purpose. If you can’t get a solicitor to do this I would post the fuck out of it online.

lyralalala · 11/02/2020 01:08

Since he re-married he has cut off his friends, mum, brother and also reduced his contact with his children. His wife is obsessed with germs and I am asked every time it is for their contact if the children are well. His wife hasn't cut her friends or family off and now wants her career. Narcissist spring to mind?

Abusive springs to mind more than narcissist to me

However, with regards to the maintenance, there's nothing you can do about it. It is a loophole that can be abused by NRP's who choose not to work.

Not sure your case is so cut and dried though - his wife sounds very controlling

Willarosie · 11/02/2020 06:19

When my new DP moved in, my benefits were stopped as between us we were over the threshold. It was expected that he would pay towards my DC. Why isn't this the case when NRP moves in with someone?

This is what gets me. All my benefits stopped when my DP and I moved in together, as it was seen that he would contribute as a NRP to the children. And yet, my ex’s wife as an NRP isn’t regarded as someone who should contribute to our children. This doesn’t make any sense to me. Perhaps those that devise the system have never been in this situation themselves. There certainly are loopholes.

My ex husband never wanted to be a SAHP when we were together. All he had to do when we were married after his full day working was arrive home to a hot meal with us all and then bath the children whilst I cleaned up and washed up etc so he could have fun with them as he hadn’t seen them since 6.30am that day. He got to do bath time and story, which I though was lovely for him. Plus he was never the cleanest of people so it worked well. However, whenever I went upstairs to watch the children playing in the bath, he was on his phone sat on the floor not interacting with them. I observed this on every occasion. He often told me he found the children hard work.

My ex husband is in his mid 40s.

He had an operation in October but has been recovering since. The children said he is absolutely fine and can do everything. He shows now signs of illness. He isn’t taking medication. He has his other son who is 18 months full time with his wife at home. Can’t see how he is too unwell to have his own children who are actually very helpful rather than a hindrance. However they do see them as such.

I do think it is wrong that the children can’t kiss their brother. It took until they were 6 months old to be able to hug and hold him. They wouldn’t allow them round to see their baby sibling until he was 6 weeks old. We heard every excuse under the son.

I think it is sad, and the children feel the same, that they went on three holidays in the UK without them last year. The children feel excluded and not part of their lives.

Just because I don’t receive maintenance doesn’t mean their dad can’t see them. As their dad has often reminded me... I can’t force him to see them any more than he wants to, but he can force me if I reduce/stop contact. He has all the control and that’s the way they like it. They often cancel. If I say the children have a bit of a cough they can’t visit. Obviously I would t send them round with sickness bugs etc but if they would go to school then they are fine to go to their dads house.

Does anyone of there is anything out there for support for parents like me in this situation. Just to talk to, as I feel so sad and low for the children to go through this.

OP posts:
Sotiredofthislife · 11/02/2020 06:50

Just curious, how would this work though if he's not earning that money in order to pay it?

The debt would accumulate. Orders could be obtained through the court for payment and bailiffs sent in to remove goods. If that fails, an Order of Sale on his property could be applied for, or the debt could be secured against his half of the house so he can’t sell it without paying. Where there’s a will....

Sorry, OP, this is awful. Personally not received maintenance in 10 years. Nothing to be done. CMS are useless.

Willarosie · 11/02/2020 07:05

The issue is, they can afford it. They have a bigger house than us, in a nicer area, two new cars and can afford their holidays. If the wife works and they have no maintenance to pay they will be hundreds better off a month.

It’s scandalous that this is the system. NRP should want to contribute to their children. Maintenance for mine goes on clothing, shoes, food, larger house to accommodate everyone, Brownies, football training, school trips, school residentials, days out. Their dad sees the money as being paid to me and as a chore/bill he would rather not pay so they have more in their household pot. As an NRP myself to my other two children I have always encouraged that we contribute to the other two children. I see both sides. If my fella didn’t work, we would stop supporting his children. I know I don’t have to support them, but I want to and feel I should.

So sorry others are in this situation.

OP posts:
Gin96 · 11/02/2020 07:27

Wow men are shits, they seem to be able to set up another family and completely forget the family they had before. Always, always get everything you are entitled to when you split, it’s the children that suffer otherwise. Can you imagine the mess the world would be in if women walked out on their children like men do. I know you get the odd woman that does but 90% of single parents are women, says it all. The only consolation OP he sounds absolutely miserable.

ChrissieKeller61 · 11/02/2020 07:31

I can’t imagine a judge allowing a consent order to go through where you got nothing from the marriage and had children. CMS is notoriously difficult to collect. If you’ve signed that off and convinced a judge then you’ve nobody but yourself to blame.

ChrissieKeller61 · 11/02/2020 07:32

Give him the children then @Willarosie

HughGrantsHair · 11/02/2020 07:37

Give him the children? Is that another tongue in cheek comment? I really dislike it when people say "oh well, if they're working less, they can have the children more."

What if the children are happy with the current set up. What if the RP actually, shock horror, enjoys spending time with their children and doesn't want to see them less.

How about rather than forcing these poor children on a parent who cares more about money than them, we expect the parent to actually do their duty and financially contribute towards their offspring.

Waxonwaxoff0 · 11/02/2020 07:40

It's disgusting that some men do this. I really don't know what the answer is.

Lionsleepstonight · 11/02/2020 07:58

He does seem a horrible man to do this, but to be honest i cant see him staying as a SAHD for very long.
Id go back to my divorce solicitor to see if anything can be done and put a claim in for CMS.
Not sure how youll find out if hes working again, but imagine he will be soon from how you said he found his first children.

xdestarx · 11/02/2020 08:30

Step mum sounds emotionally abusive. I've experienced that growing up and it's not a nice environment to be around and feels like constantly stepping on eggshells around them. I'm not surprised your kids, at their ages, don't like or want to see her.

Aureum · 11/02/2020 09:00

NRP should want to contribute to their children
This. It’s dreadful that he’s making no effort to contribute.

i cant see him staying as a SAHD for very long
I’d have said the same until I found out he was a teacher. Teaching literally breaks you, people suffer long term mental health issues as a result. I wouldn’t be surprised if he became a SAHD to escape teaching.

Having said that, he really should get a different job to support his kids. But I can see how he wouldn’t be able to match his previous salary and his wife might need to work.

BottleBeach · 11/02/2020 09:21

I'd say if you don't contribute to their upbringing you cannot see them

Children aren’t a pay-per-view commodity. They should spend time with their father because it is their right to have a relationship with him and their extended family.

Tombakersscarf · 11/02/2020 10:16

I see this as akin to encouraging someone to keep maintaining a relationship with someone who is demonstrating massive red flags - he doesn't love them enough to want to spend time with them (when he has the time) or money (as he has the money) but the children should still want to continue this one sided relationship?

Sotiredofthislife · 11/02/2020 11:14

he doesn't love them enough to want to spend time with them (when he has the time) or money (as he has the money) but the children should still want to continue this one sided relationship

The Law doesn't allow for any links to be made between maintenance and contact. It's not the child's fault their father is behaving badly and it doesn't need to have an impact on their relationship, at least whislt they are small. Personally i believe my ex refuses to pay maintenance because it gives him an element of control over me. His anger and hatred towards me are bigger to him than seeing the potential impact of no maintenance on his children.

MyCatHatesEverybody · 11/02/2020 11:48

This is what gets me. All my benefits stopped when my DP and I moved in together, as it was seen that he would contribute as a NRP to the children. And yet, my ex’s wife as an NRP isn’t regarded as someone who should contribute to our children. This doesn’t make any sense to me. Perhaps those that devise the system have never been in this situation themselves. There certainly are loopholes.

The difference is the parents' partner is expected to contribute towards their own household. If that household happens to include resident stepchildren then that's the way it is. We had my DSCs just shy of 50/50 so my money was contributing towards my DSC whilst they were living under mine and DH's roof. Not only that but as DH was also paying maintenance and not entitled to any child related benefits we had considerably less household income than DSC's mum (which was fine, not complaining - she wouldn't have been able to afford to house the DC if DH had been resident parent).

I don't disagree that your ExH isn't being irresponsible and unfair though. CMS is such a blunt tool there are rarely no losers.

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