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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:
AlwaysMyProblem · 30/04/2021 20:32

@MissMaple82

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
I'm not posting my exact job here but it's not a bog standard office job or retail. I am still at the start of my career and have the ability to earn much more in 5-10 years, but I only started working just before the pandemic kicked off, was my first job (long story) so there's very little I can do about my pay right now.
OP posts:
MissMaple82 · 30/04/2021 22:36

Ah well just have to keep slogging away at it then. Its not fair but its life unfortunately. Men can be twats. Can friends or family not step in to support?

GabriellaMontez · 01/05/2021 10:19

Have you applied to CMS for a variation. It will force them to check if they have missed anything. For example could he be driving a company car (or have some system of car allowance) but CMS have failed to take this into account.

They are very slow so start a case as soon as you can. Then he'd be liable for arrears. A brand new car while paying 65 quid a month... sounds like hes managed to fiddle something AND has a job on the side.

pam290358 · 01/05/2021 12:04

@SakuraEdenSwan1. This is child DLA and is much harder to claim because you have to show that the disabled child has needs over and above that of a non disabled child of the same age. The OP has already been to tribunal and been turned down on both care and mobility. It’s not just the disability that the DWP look at, it’s the effect on daily life and how much help the child needs with aspects of the disability that they cannot manage themselves. Everything that goes on the form has to be backed up with evidence - medical, from the school, written statements from friends and relatives involved with the child’s care etc. Her daughter doesn’t appear to have had a formal diagnosis and only the GP and physio are involved, and the school insist she has no needs beyond toileting, which she says she manages herself. I do think this is an unfair decision but at the end of the day, an assessor will always make up their own mind and advise the DWP decision maker accordingly. With borderline cases it’s incredibly difficult to get a fair decision. I think as the OP and other posters on here have said, she’s probably better waiting until her daughter is 7 and the gap is wider between her own abilities and that of a non disabled child of the same age.

OP, when you reapply, as other posters have said, try to get some professional advice on filling in the form and really think about everything that you do for your daughter - even the things you think may be insignificant, because they all add up to the amount of time you spend attending to her needs. Do keep in mind that the attention needs to be specifically linked to her condition so that they can’t compare unfavourably with a non disabled child. See if your GP and the physio would be willing to provide evidence and get statements from friends or other family members who have care of your daughter if you can, but remember any evidence needs to factor in what DLA is looking for. A simple statement of the condition will likely be ignored in favour of an assessors’ report. Good luck

IceCreamAndCandyfloss · 01/05/2021 12:28

If she is at school can you not work the other two weekdays? Even something part time elsewhere would help.

You can apply for the CMS to relook at the case if you think he isn’t declaring his full income but sadly you can’t force him to work more.

EHCPs are hard to get and if it’s only toileting at school unless she needs a dedicated one to one full time it’s unlikely to be granted.

MadisonMontgomery · 01/05/2021 12:53

I think I’d be telling him & his parents that he needs to be providing more childcare, as you can no longer afford it due to him dropping the money. Cannot believe people like him exist - I hope his parents are bloody ashamed to have raised such a selfish twat.

Speakuptomakeyourselfheard · 01/05/2021 12:53

OP can I just ask why your IL's don't want your daughter to go to the school that you have chosen for her, and also why your parents could help, but won't?

AlwaysMyProblem · 01/05/2021 15:31

@Speakuptomakeyourselfheard

OP can I just ask why your IL's don't want your daughter to go to the school that you have chosen for her, and also why your parents could help, but won't?
The school is church of england which is mine and my families relgion but ExH is atheist as are his parents, I wasn't bothered too much about the school itself, but its my catchment school so it made sense. They wanted the none demonination school a mile away.

My parents aren't together. My dad will help as much as is possible but won't have soul care of her due to her being a girl, and my mum works fulltime and doesn't want to change her hours to accomodate end of school day care for me, which is fair enough. She will help me on the weekend day I work if I need it (which I don't always as I can work from home) but can't help in the week.

OP posts:
Velvian · 01/05/2021 16:11

Hi OP, Are you able to spread your 3 week days over 4 or 5 school hour days to cut down on ASC?

YANBU BTW, non resident dads are not expected to be anything resembling a parent.

AlwaysMyProblem · 01/05/2021 20:03

@Velvian

Hi OP, Are you able to spread your 3 week days over 4 or 5 school hour days to cut down on ASC?

YANBU BTW, non resident dads are not expected to be anything resembling a parent.

I can ask but my job is in business hours and they've already made accomodations for me being a single parent so I'm not sure. I finish at 6pm and start at 9.15am most people do 8am-5pm. I'm lucky after school club finishes at 6.30pm so I can pick her up in time.
OP posts:
StoneColdBitch · 02/05/2021 15:39

@AlwaysMyProblem What muscle condition does your daughter have that is so bad it significantly affects her daily life, but was diagnosed by a GP, and the secondary care referral was rejected? As a doctor myself, that doesn't sound right - it sounds like you should ask your GP to re-refer. Surely if it's affecting your daughter this much, you should be under a specialist? I really hope you get sorted Flowers

miamia15 · 08/05/2021 00:41

DWP make incorrect decisions all the time on DLA claims. What evidence was sent with the form? Schools often provide very poor quality reports which don't help at all in many cases, testimonies from you and family members and friends are all very helpful, a daily diary of what is needed each day to help DD manage is also valuable evidence. Please apply again and get expert advice to complete the form from a welfare rights team or CAB. It is abundantly clear your DD requires substantive care over and above what would be required by a child of the same age without any of the same health issues. GP evidence can be useful but make the consultations with them count and ask them to note in detail the difficulties you are experiencing, send them a copy of the daily diary to add to their records. Get in touch with your local Children With Disabilities team at your local council and speak to them for advice, request consideration of an Education Health and Care Plan - link here for further information: www.gov.uk/children-with-special-educational-needs/special-educational-needs-support
I am a welfare benefit advisor and have supported many families with DLA appeals. Any negative decisions made by DWP within the last year and a month can still be challenged but if a Tribunal has already dealt with the case it can be difficult to challenge their decision unless an error of law can be identified. Don't give up on trying to apply again.

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