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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:
movingonup20 · 13/01/2021 14:06

In cases of long term disability you can apply to the court for a spousal maintenance order (might have a different name) I looked into it carefully as I too have an autistic young adult. Thankfully I didn't have to apply because her dad offered to support until she's independent without me asking. But it's definitely possible to get cms/sm beyond age 20

DecemberSun · 13/01/2021 14:09

You should be able to help your son apply for benefits. You may be surprised to find out how much he is entitled. to.

movingonup20 · 13/01/2021 14:09

Ps dd gets esa in her own right and pip. Can't claim the housing element unless she moves out. Dp's dd is more profoundly disabled and lives with carer support funded completely by the state - it is possible

EleanorRigbyWasReal · 13/01/2021 16:45

Yes, DS does get PIP and I get Carers Allowance. I also work but only part time as when DS is ill, any job “falls apart”.

He missed much of school due to illness and missed a big chunk of college so it’s no surprise he’s STILL a student.

OP posts:
HikeForward · 13/01/2021 18:02

How can you force X to pay? He clearly has no interest in his son, has made a new life and only paid because he was legally forced to. I don’t know if you can claim missed back payments or not?

I’d focus on getting PIP and maybe supported accommodation for your son.

Mbear · 13/01/2021 18:27

You can apply for UC for him - you will need to get a fit note for him for his job searching commitments to be turned off. They do not take the fact he is on PIP as evidence, it needs to be a fit note. He will be referred for a work capability assessment (eventually). You need to keep supplying fit notes (unless the GP gives a super long one). Your DS will get the standard UC rate. Once he has had the assessment he could be found
a) fit for work
b) LCW - low capability for work - so he won’t have to actively job search
c) LCWRA - low capability for work and work related activity - won’t be asked to do anything and will get a bigger UC payment.
The assessments are generally phone based at the moment and you will be part of that as his appointee.

EleanorRigbyWasReal · 13/01/2021 19:49

@MBear... thank you for the info.

My heart breaks with that criteria. Not what imagined for my beautiful boy.

OP posts:
Mbear · 13/01/2021 20:24

I am sorry, that probably was a bit blunt, I just wanted to get the UC information clear and I posted without thinking. I just used the terminology without reference to what that means to you and your son.
Those categories don’t reflect a persons future ability to work, I know it sounds semantic but it’s about how capable that person is for work at that time and therefore what the jobcentre can/should be doing with/for them. People do move into work, full time, part time, volunteering etc. There are plenty of organisations willing to support a person with autism. And whatever decision is made there are staff in the jobcentre who will want to help you and your son, at his pace, whenever he is ready, even if it’s not paid employment he wants.
I know it will be hard to navigate the system on his behalf.

EleanorRigbyWasReal · 14/01/2021 09:49

@Mbear... it’s OK. You don’t need to apologise. When we have our children, we all imagine their lives going forward. What might they do... sporty? academic? funny? their friends. I never imagines that my son would be so badly bullied he’d need a police escort to be brought home, after being talked down off a railway bridge and wanting to end his life. I never factored in for his acute loneliness and self harming; for his lack of options, for his asking me “will my life always be this way?” and for his volunteering/job experience at a well known high street coffee shop being terminated, because he couldn’t tie his apron. Yes, this was the reason cited... that he was struggling with dexterity and staff were too busy to help.

Even now, bless him, when college ask him what job he’d most like to do in future, he STILL says...”I’d love to work at (well known highstreet coffee shop) 🤦‍♀️🤦‍♀️🤦‍♀️

It’s Ok @MBear. Really.

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