Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Am I being unreasonable? Ex stopped maintenance

59 replies

EleanorRigbyWasReal · 12/01/2021 16:37

My son is 20yrs old. He has autism and I was a single parent by the time he was four. I remarried, when he was ten. Ex left weeks after son’s diagnosis and refused to accept ASD. Ex was seeing someone else and was barely at home anyway. DH now, has brought him up, helped me, supported us in every way possible and I’m lucky, very lucky to have him.

Things were tough in the years I was a single parent. Ex stopped paying mortgage so, I went on to interest only payments and continued to work nights as a nurse. Kept things afloat. Just.

Divorce was longwinded as Ex wasn’t happy with equity split and the fact I could remain in the 2 bed property til our son was 18. Must add, Ex had no savings and was heavily in debt when we got together. I put the deposit down for our home and paid for our small wedding. Ex was always pretty atrocious with his spending and would often just spend a few thousand in himself without thinking of me or DS. Didn’t even consult me. In the final divorce settlement Ex was ordered by the court to pay for half of ds’s activities/private health care (only £24 a month) and maintenance at standard rate % of his salary. Ex told me what he earned... I went with that. He could be aggressive and frankly, I was just glad that he was someone else’s problem, so to speak.

For 12 years, Ex said his salary hadn’t changed. I didn’t want to rock the boat so just went along with it. When DS was 18, Ex said he was stopping payment despite divorce settlement stating he must continue until ds left education. In the process of starting up the payments again, I went to CMS who said, based on Ex’s salary he’d underpaid by £240 per month for years. So, the amount was increased. Ex had never paid for other things specified in the divorce. Has seen little of DS and has never accepted his disability despite several autism specialists (over the years) telling Ex to come see them and they would explain son’s condition to Ex, he never turned up to the appointments.

I still work and provide a home for DS. He has extensive needs and thanks to hospitalisation, his education ran on, an extra year. Then COVID. So, at 20, because DS is still at college, DH has said enough! No more payments. Again.

Am I being greedy? Completely unreasonable in expecting Ex to still pay something to help with son’s keep? I’ve absolutely no idea hiw ds’s step dad and myself can keep him on our salary. The CMS wrote to Ex to say he no longer had to pay maintenance due to the “child’s” age but, he really ought to pay something until DS finishes college, in June, I feel.

I’m exhausted by it, tbh. Should I just drop it and struggle?

DS will never be independent. He’ll most likely live with me and his step dad, always.

OP posts:
Bixs · 12/01/2021 16:40

You sound like a wonderful mother, your ds is so blessed to have you.

You definitely are not being unreasonable.

ooohbriefcase · 12/01/2021 16:42

That sounds hard, he should WANT to help his son, but I don't think he can be forced too. If he was to help with money for you son while in education, it should be transferred to him not you. Unless he isn't able to keep on top on finances.

vanillandhoney · 12/01/2021 16:43

YANBU.

Your DS is still in education, so he still needs to pay.

HoppingOnSteppingStones · 12/01/2021 16:44

Legally by cms standards he doesn't need to because of his age.
Morally he should especially as he's underpaid for years and none of the extras.

BrumBoo · 12/01/2021 16:52

I agree, he needs to pay whilst he's still in education. However, he's already dragging his heels.

You say you can't be expected to 'keep your son on just your and husband's salary either, what will happen in the summer when it all does come to a stop? It's awful that it's being put on you to evidently give your son finacial stability well beyond what is usually expected for your children, but unfortunately his father has been looking for the moment to stop paying and no being angry with him change the fact that the money will stop sooner rather than later.

Have you got a SW or can speak to the college about benefits your son may be entitled to in future?

IceCreamAndCandyfloss · 12/01/2021 17:00

Yes you would think a parent would want to but the law doesn’t support it. Many expect to stop financial support at 18 and begrudge having to pay anything after that.

TheTeenageYears · 12/01/2021 17:01

I know almost nothing about benefits other than what I read about on MN but as someone over 18 my understanding is for benefit purposes DS is an adult and entirely separate from you for benefit purposes. If he is unable to be independent have you looked to see if he is entitled to any benefits?

OrigamiOwl · 12/01/2021 17:02

Morally he should, unfortunately legally is another matter.

TheSparkling · 12/01/2021 17:07

I don't think you can make him pay now but have you claimed the money back that he underpaid because I think you have a legal entitlement to it.

Like other posters have suggested have you claimed any benefits for your son?

lydia7986 · 12/01/2021 17:13

You’re not going to find many people on here who think your ex is in the right - morally, of course he should support his disabled son. Not only that, he should want to.

But that doesn’t change the fact that legally he doesn’t have to, and that he clearly isn’t going to.

So you are going to have to move forward without that money. As others have said, does your son claim UC or PIP? Do you claim Carers Allowance?

W0bbleW0bble · 12/01/2021 17:27

When your son leaves education, if he is unemployed he will need to apply for universal credit & perhaps PIP as a single adult. Obviously, you or perhaps CAB will need to assist with the applications. Apply www.gov.uk

He could apply to go to university instead with a student loan ?

Porcupineintherough · 12/01/2021 17:34

Morally he hasn't a leg to stand on, legally he has. Given that he's obviously a complete shit with no morals, I think you'll have to let it go.

yoyo1234 · 12/01/2021 17:41

From"Divorce was longwinded as Ex wasn’t happy with equity split and the fact I could remain in the 2 bed property til our son was 18. "
Are you in danger of being kicked out of the property now he is 18? Do you need to balance that and potentially fighting for backdated CMS?

AnotherDelphinium · 12/01/2021 17:48

Was there a court order mandating you off x% of his salary to contribute to the costs of bringing up his DS? If so, and he’s underpaid, don’t go to the CMS (although in hindsight you should have done at the end of the first year) he has violated the court order.

Use a generous guesstimate of how much he owes (so it’s in his interest to bring it down by providing proof of earnings!), and take it back to the court.

NoSleepInTheHeat · 12/01/2021 17:50

Morally yes, legally no. If CMS have written to him saying he can stop paying I doubt you will make him give you anything. I wouldn’t waste time and energy on a lost battle.

RB68 · 12/01/2021 17:51

Where a child has a disability which requires long term care and there is little prospect of independence the maintenance is dealt with differently I believe - its worth investigating with a lawyer as he may find he has a responsibility for life where there is no potential for independence.

TwoBlueFish · 12/01/2021 17:53

Morally, absolutely he should continue to pay. From your description of him he’ll stop as soon as he legally can.

I presume your son is receiving PIP, he can apply for Universal Credit in his own right (child benefit and child tax credits would stop). Direct Payments may help to pay towards his activities.

Orf1abc · 12/01/2021 17:55

If you're no longer in receipt of child related benefits, you should be able to apply for UC and PIP for your son. Are you his appointee?

Porcupineintherough · 12/01/2021 17:59

Are you sure @RB68? As I understand it no one has to provide support for an adult child no matter how disabled. Of course the vast majority of parents do but I think the option to turn to the state and say "over to you" is there, at least in theory.

RB68 · 12/01/2021 18:15

not 100% which is why I am saying spk to a lawyer as its obv more complex than that.

RB68 · 12/01/2021 18:17

it would appear so from reading this quickly

www.nevesllp.co.uk/our-news/child-maintenance-for-adult-children

Comes under special circumstances

RB68 · 12/01/2021 18:18

I think it would have to go to court rather than child maintenance services who frankly in anything out of the ordinary (2 parents willing to talk and agree and co parent) are utterly incompetent

RedHelenB · 12/01/2021 18:20

I put yabu , not because you are morally but you aren't going to get any more money . Blood from a stone.

Proudboomer · 12/01/2021 18:25

An adult with special needs and an ehc can stay in education until 25 but the parental benefits of child benefit, tax credits and any tops up stop at 20 and then the adult child is entitled to claim pip and you possibly careers allowance(if you don’t already do so).
I don’t think you would get anywhere trying to get your ex to pay so I would save myself the grief and see what your adult child is entitled to in pip.

TheTrashBagIsOursCmonTrashBag · 12/01/2021 18:26

I don’t think you’re being greedy or unreasonable- you’re just a mum who wants her child’s father to support him. Legally though I’m guessing he’s not required to. He sounds like a shit person generally, let alone a shit dad.