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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

How come I have to work fulltime but ExH gets away with part time?

87 replies

AlwaysMyProblem · 30/04/2021 10:13

Just had a letter from CMS that my maintenance is going down again! For the 3rd year in a row (we’ve only been split 4 years!) I’ve worked out based on what he earns per hour and what he’s getting per year (CMS told me that much) that he works less than 20 hours a week! (Company he works for publish their pay per hour on their website).

I have to work full time even though it’s no good for either my health or DD. I do it across 3 days and 1 weekend day. DD is 6, has several medical conditions including a muscle condition, ASC is not good for her muscles after a full day at school, and we’ve had more injuries at ASC than anywhere else, she’s just too tired, her muscles are tired and she needs to rest – ASC are great offer her the sit down activities like reading and Lego but they obviously can’t control the rules on bubbles, so she still has to walk from the ASC room to the KS1 toilets which are across the hall, through the cloakroom and then through a heavy door. ASC toilets are used by Reception, I’m dreading next year when she’s in Year 3, because she will have to walk even further to the KS2 toilets if they have the same rules. She also does have to do some walking around the room, to get her snack or get herself a drink as the staff at the ASC are not allowed within 2m of the children unless they work in their bubble in the daytime or it’s an emergency. I work Tuesday to Thursday and then Saturday one week and Sunday the next

I can’t not work, UC wouldn’t cover what I need to cover for DD. Her condition means she needs to swim regularly, it strengthens her muscles and means less accidents in general, so that’s £35 a month. She has to have a specific type and style of shoe to help her walking and accommodate her prescription insoles. They’re £65 a pair. She doesn’t grow quickly but due to the way the insoles have to be changed every 12 weeks, she still needs 2-3 pairs a year. Then there’s all the other normal things that come with children; school uniform, clothes, trainers she can wear for school PE lessons, food, gas, electric etc. She’s not entitled to DLA as it’s only a mobility issue and not a learning or care need. We need 6 sets of uniform as her condition means she has toileting accidents, especially if the weathers cold or damp, so I leave a set at school and also have to have extra complete sets as she somehow manages to get her jumper soiled or wet as well as every other item! Thankfully school have a pretty good second hand uniform shop so I can buy things from there when I’m totally stuck for a small donation to the PTA but it’s the principle, why should I always have to buy everything?

I have to buy clothes for ExHs house well Ex-MILs house as he works and lives 2 hours away and comes back to the area for contact. They won’t buy clothes as he only has her 1 night EOW, so for 48 days a year it’s not worth it apparently (I see their logic!) they refuse to have her extra in the holidays so I then have to pay for holiday clubs, which can be £40 a day round here (only 2 holiday clubs in the local area, and there’s such high demand they can charge basically what they like without consequences as they’ll fill the places and the waiting list easily)

If I ask for extra money he tells me that what he pays via CMS more than covers what I need and if I need more I need to work harder like he does. Because £65 a month covers half of everything I need for her doesn’t it?

I am sick of it; I just wish I could make him work even a few more hours so I could cut mine down. If we were together I’d be working part time, probably 25 hours and him probably on closer to fulltime, although I’d be happy to be the other way round. It just seems I do everything. I am responsible for all appointments, anything to do with school, anything to do with her medical stuff, he won’t even do her physio with her.

I know I am UR but I am just fed up of everything falling to me. Just seems so unfair that I can't even afford to run a car and yet he has a nearly new one.

OP posts:
LakieLady · 30/04/2021 17:36

[quote pam290358]@Rainbowqueeen. Reapplying for DLA would be a waste of time unless the OP can demonstrate that the child’s condition has changed for the worse and supply supporting evidence to that end. She’s indicated that she’s already been as far as tribunal and the DWP’s decision was upheld because her daughter is a borderline case. If this was a recent tribunal then in all likelihood unless her condition has changed significantly I don’t think the DWP would accept another claim, and if they did, the outcome would likely be the same.[/quote]
A child qualifies for DLA care element if they require more care than a child of the same age who doesn't have those disabilities.

A child who doesn't qualify at 6 might well qualify at 8, as the disability-free 8 year-old will be able to do more stuff without help than the disability-free 6 year old, so the gap between the two increases with age.

If there's a charity that's relevant to your DD's specific health issues, OP, they may well have someone to help with the forms. Getting DLA would be a huge boost, and may entitle you to some UC as you would be entitled to the disabled child element and possibly the carer's element.

LakieLady · 30/04/2021 17:38

@rabbitheadlights

Sorry OP I think if your DD has toileting needs that is classed as care component for DLA surely?
For a 6-year old, I'd have thought so, personally, but it's not an aspect of benefits that I have much to do with in my role (although I did once get DLA for 11-month old premature twins, when everyone told me I didn't stand a chance lol).
Cassilis · 30/04/2021 17:39

OP, if you stopped sending clothes, it may force him to buy some?

Don't make things easy for him.

So sorry, he sounds a shit Flowers

GabriellaMontez · 30/04/2021 17:42

How is he surviving on 20 hours a week?

Is he employed or self employed?

If you're getting £65 a month, he must be on a pittance.

rabbitheadlights · 30/04/2021 17:43

I think you should reapply for DLA but don't involve the school, has the GP record of the incontinence issue? It just needs to be a professional involved with the child so gp, physio etc .. I think school are stopping your claim from being successful

Thisnamewasnttaken123 · 30/04/2021 17:46

What a shit Dad he is.
You sound like an amazing parent.
YANBU and anyone that voted that you were being unreasonable after reading all of that is a dickhead.

Phineyj · 30/04/2021 18:09

You don't need school to apply for am EHCP by the way. You can apply yourself.

AlwaysMyProblem · 30/04/2021 18:12

@DrinkFeckArseBrick

Sorry OP it's really not fair.

Any chance his parents would help you out, doing school pick up one or two days a week or anything?

Unfortunately not, they didn't want her to go to this particular school, so want nothing to do with it.

My parents are around but won't help me either, so it's wrap around or childminder.

OP posts:
AlwaysMyProblem · 30/04/2021 18:17

@Phineyj

You don't need school to apply for am EHCP by the way. You can apply yourself.
School helped me apply it was the council who rejected us, even after we appealed it they won't assess her. School think in year 3 or 4 she'll be likely to get it as by that point her needs compared to the other children will be much more apparent.
OP posts:
AlwaysMyProblem · 30/04/2021 18:19

@GabriellaMontez

How is he surviving on 20 hours a week?

Is he employed or self employed?

If you're getting £65 a month, he must be on a pittance.

Employed, but I suspect either working an extra job cash in hand or his parents are giving him money as he has a 2020 plate car and his rent is at least £750pcm. He has a housemate and I know they're equal tenants so not a lodger or anything so if I went back to get more money he could cut his hours further have the housemate/his parents pay for everything or work more cash in hand.
OP posts:
AlwaysMyProblem · 30/04/2021 18:20

@JackieTheFart

What an absolute piece of shit he is.

I’m a petty fucker so I would cease to facilitate contact - get here uniform back off them and tell them they will need to collect her on his behalf in the future as you have had to take a second job as he’s reduced his hours. I would also give them a dressing down and tbh want to do that for you. I’d tot up everything, including reduced costs of being able to live in a smaller home or take in a lodger (for example) and then ask how they can live with themselves knowing what a skinflint bastard their son is towards his own daughter. I know it’s not their fault but I don’t think I could help myself.

You must feel so helpless Flowers

If I don't provide clothes he'll just leave her in nothing or her pyjamas, she's not nighttime toilet trained and she doesn't wake up when wet/soiled and I really don't want to be responsible for the effects of that on her, as much as I want to be petty it's much nicer for my DD that I am the bigger person and provide those.
OP posts:
pam290358 · 30/04/2021 18:25

This, taken from DWP website, may help OP to clarify which applies to her daughter.

1 Low rate
This is awarded if a child needs extra looking after for a significant portion of the day.

2 Middle rate
This is awarded if a child needs frequent attention throughout the day
or prolonged and repeated attention at night for help with bodily functions.
or continual supervision throughout the day to prevent danger to themselves or others.
or needs another person to be awake to watch over them for a prolonged period of time.
or needs attention at frequent intervals in order to avoid danger to themselves or to others.

3 High rate This is awarded if a child needs care as outlined for middle rate, but for both the daytime and during the night

Significant portion – this has been taken by tribunals to mean around an hour. This can be all at once or spread out over a longer period.
• Frequent attention – means several times, not once or twice.
• Throughout the day – means not just in the morning or the evening. The attention needed must be spread throughout the day, although it can be more frequent at one particular time.
• Continual supervision – is less than continuous but more than just occasional.
• Prolonged attention – means at least 20 minutes each time.

purplebagladylovesgin · 30/04/2021 18:36

@Twatterati

This is so rubbish and I really feel for you.

I think you need some extra help completing the DLA forms, as there IS an additional care need - if she has toiletting accidents, she's not presumably cleaning herself up? Her shoe inserts probably need an adult to assist at times to ensure they fit properly, stuff like that. If she is tired and her muscles are painful she possibly needs help getting dressed/undressed at times and maybe after swimming for example. Perhaps you have to carry her if she's tired, or wouldn't feel confidant her walking to school alone which (some) other children her age do, or would in a couple of years. Maybe you have to help her out of the bath or shower?

The forms have to be completed as if it's the very worst day ever for her. This is so difficult, as when our children have additional needs we really want to focus on what they CAN do, not what they can't. The forms are all about what they can't do, compared to other NT children that age.

I'd image as well that your ex had some additional form of income that's paid in cash. If you can demonstrate to the CMS that his lifestyle doesn't reflect his declared income then they will do an enquiry into it. My ex-h declared an income of only £8500 (!!!) but was paying rent on a house that cost £1450 a month, let alone his other expenses and holidays he took. HMRC and CMS were not impressed. Wasn't a quick or painless process mind you.

I really hope you are able to get something sorted as it really isn't fair that you are carrying him.

This is good advice. I was just coming on to say the same.

There are so many ways you probably help your daughter that is more than an average 6 year old requires.

Every time you need to change your focus to meet her needs, this is help over and above normal.

It could be helping her out of the car, rubbing her joints, helping her have extra baths to ease the discomfort. Helping her get undressed as she's stiff and tired through excess activity.

It can take a skilled person to look and see, then describe it in such a way that it's clear her needs are greater than the average 6 year old.

I think as she gets older the expectation is that an average child becomes more independent, so every time you apply you stand a greater chance of being awarded DLA.

x2boys · 30/04/2021 18:37

Honestly you need to reapply for DLA and get some help filling out the form ,I took my son's award to tribunal ,he has had DLA since three ( severe autism and learning disabilities) but Medium rate care and Low rate mobility,and I felt his rates should be higher due to his increased needs at nine ,so took it all the way to tribunal,I also took my son with me ( pre covid) they didn't want to see him as they awarded High rate care and high rate mobility within minutes .

LittleOwl153 · 30/04/2021 18:39

Not night time trained should definately hit DLA at 7yrs. I've a whole piece I wrote on this for DLA I'd be happy to share with you.

calamityjam · 30/04/2021 18:49

Can you go back to your gp and try for another assessment as a way to get a proper diagnosis. This may help with dla. If your gp is being difficult, try another more sympathetic gp

LittleOwl153 · 30/04/2021 18:49

Is he sending back the soiled washing too?
I thinknid be inclined to stop sending stuff and on the first occasion he sends her backnina state then I'd refuse contact until he confirmed he had bought said items. Why the he'll should he get away with all this...

I do admire your commitment to your daughter. It is so hard when then struggle!

AlwaysMyProblem · 30/04/2021 18:51

@LittleOwl153

Is he sending back the soiled washing too? I thinknid be inclined to stop sending stuff and on the first occasion he sends her backnina state then I'd refuse contact until he confirmed he had bought said items. Why the he'll should he get away with all this...

I do admire your commitment to your daughter. It is so hard when then struggle!

Unfortunately there's a court order which gives him contact, I am too scared of him being awarded more contact or fighting to change her school etc. to stop contact.
OP posts:
AlwaysMyProblem · 30/04/2021 18:52

@LittleOwl153

Is he sending back the soiled washing too? I thinknid be inclined to stop sending stuff and on the first occasion he sends her backnina state then I'd refuse contact until he confirmed he had bought said items. Why the he'll should he get away with all this...

I do admire your commitment to your daughter. It is so hard when then struggle!

Just spotted the soiled washing question, no his mother at least washes that for me!

Toileting accidents can be very frequent, we had 5 in one week and then other times really infrequent, she went 2 weeks once at school without having one.

OP posts:
ALevelhelp · 30/04/2021 18:53

@GabriellaMontez

How is he surviving on 20 hours a week?

Is he employed or self employed?

If you're getting £65 a month, he must be on a pittance.

I bet he bloody isn't. I'd bet that's his official job and he's got another on the side. I'm pretty certain my ex is doing just this to get out of paying so much, I just can't find a way to prove it!
AlwaysMyProblem · 30/04/2021 19:03

@ALevelhelp Same that I'm pretty certain Ex is earning on the side but I can't prove it.

OP posts:
MissMaple82 · 30/04/2021 19:04

What do you do for work? I just have a bog standard job but I work part time hours and get the equivalent of a full time job. Depending on what you do obviously, what you lose in wages you'll gain in benefits. Have you looked into it properly and dine an accurate calculation from an actual advisor, nor the online ones they are not accurate

LittleOwl153 · 30/04/2021 19:24

You don't actually have to prove he is not declaring his whole income. You can report it to CMS and ask that they look at his income not being congruent with his lifestyle... you might not get anywhere but it might worth a go?

If contact is court ordered I would definately stop facilitating it- if he cannot provide for her necessities then the court need to be made aware he is that incompetent.

RandomMess · 30/04/2021 19:42

Or report him as living beyond his means to HMRC 🤷🏽‍♀️

SakuraEdenSwan1 · 30/04/2021 19:43

Mobility is a key component for DLA, please just apply regardless as I think you may qualify.