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.

Child Maintenance Issue

143 replies

Throwaway0912 · 19/01/2023 23:16

Name change as don't want this linked back or picked up by The Sun.

Looking for some outside perspective on this as I think we've got overly emotional.

Background info
DH has a child (11) from a previous short, casual relationship. Child maintenance by private arrangement since birth, currently £500pcm and has been for 2-3 years now. He uses the calculator as a guideline and rounds up to an easy number.

Child's mum got in touch and said she's struggling and needs CMS increased to £700.

The issue is, in the last couple of years, we've had children and DH has dropped hours to reduce our childcare bill. He was the higher earner initially, but I then overtook him and his job is more flexible so it made sense for our circumstances. The CMS was never reduced, wasn't really considered because we work from one pot, it's a non-negotiable outgoing, it was just left as it was. However, based on his current situation, when he checked the calculator said he should be paying around £330.

He got back to child's mum and said he can't increase to £700, he'd need to stay at £500 and then reassess in September when our childcare reduces. All hell has broken loose.

He's now saying screw it, go through CMS and pay the £330.

Child's mum is saying it needs to be £700 or she's "taking it further".

I'm just lost on what to do. I know it's not my issue to sort but he's my family and we're a team, I'm also a mother and don't like to think of another mother struggling. AIBU for wanting to push for it to remain at £500? Or should I step back and leave him to his knee jerk reaction of the CMS route? Is there a middle ground we've not considered?

OP posts:
lookluv · 20/01/2023 18:59

It is not about what she deserves - it is the child.
Not paying for a month over a petty detail really does not reflect on the usually father - nasty vindictive and controlling

OP -- you sound lovely

YetMoreNewBeginnings · 20/01/2023 19:06

aSofaNearYou · 20/01/2023 15:26

Well personally, regardless how much people on here say CMS is just the minimum, I think £500 is more than enough and a bit of an insult to people who are actually struggling, for one child. He's not exactly going to be suffering if his parents are "only" spending £1000 a month on him alone. I would not consider £700 and I would go through CMS. Their figure sounds a good one.

But if you're really against it, just stick with the £500

The £500 is not meant to be a 50% contribution.

I have no idea why that always comes up on here.

Its meant to be a contribution proportional to the NRP’s income not an exact 50/50 split.

The child is meant to have a lifestyle proportional to their combined parents income - regardless of those incomes are similar or vastly different.

Birdsbirdsbirds · 20/01/2023 19:37

YetMoreNewBeginnings · 20/01/2023 19:06

The £500 is not meant to be a 50% contribution.

I have no idea why that always comes up on here.

Its meant to be a contribution proportional to the NRP’s income not an exact 50/50 split.

The child is meant to have a lifestyle proportional to their combined parents income - regardless of those incomes are similar or vastly different.

People see it like that as at 50/50 nobody pays anyone anything. So maintenance is seen as money in lieu for however much of that time, that's where this comes from.

Throwaway0912 · 20/01/2023 19:59

I think we're sorted. DH left for pickup a bit earlier to have a face to face chat. Took a payslip and just set his stall out, as in, this is how it is, accept it or go to cms, here's my income, ball is in your court now. He said he tried to understand if there's been something specific caused this, like a big unexpected expense or a change in her income or whatever that might mean a bigger issue for DC, but nothing was forthcoming so he's no further forward really.

Just going to keep on as we were and if cms get in contact then so be it, at least we've done the best we can do.

Thank you again to everyone who has chipped in since last night, I've taken a lot of support from this, even just as a bit of reassurance we've not got this completley wrong. Off to drown myself in a bottle of red!

OP posts:
Chantelle302412 · 20/01/2023 20:11

Throwncrumbs · 20/01/2023 08:48

3 kids by 3 mothers …red flags everywhere!

@Throwncrumbs hahaha oh I know! He is a walking red flag which is why I do not soley rely on him for nothing I have my own home I have my space and I do not do it. He’s nearly 40 and I’m preying I’m his last child mother in his lifetime honestly 😂 it’s been a rollercoaster!

aSofaNearYou · 20/01/2023 20:19

*The £500 is not meant to be a 50% contribution.

I have no idea why that always comes up on here.

Its meant to be a contribution proportional to the NRP’s income not an exact 50/50 split.

The child is meant to have a lifestyle proportional to their combined parents income - regardless of those incomes are similar or vastly different.*

That's not really my point. £500 should be a more than adequate partial contribution to one child's upkeep, assuming the other parent is also in work and contributing.

debbs77 · 20/01/2023 20:23

I would suggest going via CS but tell them you want to continue with the same amount. Then it is all above board.

She will be stopping access next

YetMoreNewBeginnings · 20/01/2023 20:40

aSofaNearYou · 20/01/2023 20:19

*The £500 is not meant to be a 50% contribution.

I have no idea why that always comes up on here.

Its meant to be a contribution proportional to the NRP’s income not an exact 50/50 split.

The child is meant to have a lifestyle proportional to their combined parents income - regardless of those incomes are similar or vastly different.*

That's not really my point. £500 should be a more than adequate partial contribution to one child's upkeep, assuming the other parent is also in work and contributing.

That’s not what you said though. You specifically referenced £1000 and that is not the point of it. The share paid by the NRP is purely a proportion of their income.

cheshirebloke · 20/01/2023 20:40

£700 is a lot of money for one child. Especially considering that's supposed to be just his share. My 3 cost me about £500 a month all together.

So even £300 a month contribution should be enough to keep a child in relative luxury.

aSofaNearYou · 20/01/2023 20:42

That’s not what you said though. You specifically referenced £1000 and that is not the point of it. The share paid by the NRP is purely a proportion of their income.

Yes, and now I've said that was a random figure and not central to my point, which remains the same. It's plenty of money for one child, especially if it's only a proportion.

YetMoreNewBeginnings · 20/01/2023 20:46

aSofaNearYou · 20/01/2023 20:42

That’s not what you said though. You specifically referenced £1000 and that is not the point of it. The share paid by the NRP is purely a proportion of their income.

Yes, and now I've said that was a random figure and not central to my point, which remains the same. It's plenty of money for one child, especially if it's only a proportion.

You very clearly meant it as a half. Which is my point.

Anyway no point in discussion with someone pretending they meant something entirely different to what they said.

And again, the NRP proportion is not plenty or excessive - it’s a fair proportion in relation to their income (prior to deliberate reduction).

The standards for men on here are appallingly low.

YetMoreNewBeginnings · 20/01/2023 20:57

Luckily for the kid in question the OP has higher standards. And so does her husband

aSofaNearYou · 20/01/2023 21:03

*You very clearly meant it as a half. Which is my point.

Anyway no point in discussion with someone pretending they meant something entirely different to what they said.

And again, the NRP proportion is not plenty or excessive - it’s a fair proportion in relation to their income (prior to deliberate reduction).

The standards for men on here are appallingly low.*

I'm not sure what your issue is here. The idea that it is half of the money contributed is clearly a sticking point for you, but it wasn't for me, hence it was a flippantly included detail that was not central to my point. You are not qualified to tell me what my point was.

And my opinion that £500 should be more than enough as a partial contribution to a child's monthly upkeep is not related to whether it's mum or dad, it's just about how much it's necessary to spend on a child.

YetMoreNewBeginnings · 20/01/2023 21:07

It’s a sticking point because of how many of you say it when it’s not accurate. It’s not meant to be 50%. It’s a fair proportion of their salary.
Your point was obvious. If you want to be disingenuous about it that’s up to you.

The fair and appropriate proportion paid by a bin man and a footballer would obviously be different. A child should have a lifestyle in fitting with a fair proportion of their parents incomes. Not a set standard based on the lowest level absolutely necessary.

aSofaNearYou · 20/01/2023 21:36

YetMoreNewBeginnings · 20/01/2023 21:07

It’s a sticking point because of how many of you say it when it’s not accurate. It’s not meant to be 50%. It’s a fair proportion of their salary.
Your point was obvious. If you want to be disingenuous about it that’s up to you.

The fair and appropriate proportion paid by a bin man and a footballer would obviously be different. A child should have a lifestyle in fitting with a fair proportion of their parents incomes. Not a set standard based on the lowest level absolutely necessary.

And for me the sticking point is claiming to be struggling to pay for a child on £500 and claiming you need a minimum of £700. I find this fairy insulting towards people who are actually struggling to care for their kids. It's more than enough money for them to be comfortable.

That opinion doesn't hinge on whether it's half of the money being spent or not. Nothing disingenuous about it, I was just focused on something different to you. You're being oddly confrontational about it.

Changechangechanging · 20/01/2023 23:53

It's more than enough money for them to be comfortable

Days who? At one point my childcare bill was in excess of £1.2k a month. Just so I could work. £500 wouldn't have touched the sides. Not that I got anything.

Thatboymum · 21/01/2023 00:38

I don’t think he should take from his own child to spite his ex who albeit sounds greedy but cms is the bare minimum and if I could afford to id rather pay extra so my child had the best quality of life they could than pay the minimum the law tells me too just to annoy the other parent. Everybody is struggling rite now and I know this sounds terrible but he had other children knowing he already had one to support and voluntarily reduced his hours and income which benefits only you and your kids but now disadvantages his other child and that doesn’t seem fair to me

Mumuser124 · 21/01/2023 01:24

@Thatboymum

CMS is worked out to replicate the standard of life the child would have had if both parent were together. This was worked out to be around £320 (would have to look up thread for actual figure). He has been paying £500 throughout even after dropping his hours, how is this unfair to the other child?

OneForTheRoadThen · 21/01/2023 06:24

Mumuser124 · 21/01/2023 01:24

@Thatboymum

CMS is worked out to replicate the standard of life the child would have had if both parent were together. This was worked out to be around £320 (would have to look up thread for actual figure). He has been paying £500 throughout even after dropping his hours, how is this unfair to the other child?

No it's not it literally a percentage of salary minus pension contributions.

Weddi · 21/01/2023 07:07

I would ask him to input his details into the CMS calculator and take a screenshot to show her. Then tell her she is more than welcome to contact CMS but that’s how much she will be paid instead.

Gh12345 · 21/01/2023 07:22

Ex CMS worker here. It never goes off what the receiving parent wants, it is strictly by calculation that an amount is agreed. So as long as the minimum amount is paid then he’s done it correctly by law. (Parents can agree a higher amount of course but all CMS cares about is that the minimum is paid.) I imagine she’s probably shot herself in the foot. My memory was that for 1 child it’s 13 to 16% gross pay. Any additional children to same parent have an extra percentage put on top of that. Hope this helps

Gh12345 · 21/01/2023 07:23

OneForTheRoadThen · 21/01/2023 06:24

No it's not it literally a percentage of salary minus pension contributions.

Yup this is correct. Ex cms worker here, not based on lifestyle at all. It is based on gross pay minus pension

Gh12345 · 21/01/2023 07:28

Also just want to add OP, I really encourage your dh to not change the arrangement though if it was working. Maybe look at it in September like you said when your circumstances will change.

LookyEre · 21/01/2023 07:31

Cats23 · 19/01/2023 23:39

I'm v much going against the above here.
I know someone in almost same situ, the childs Mothr has continuously asked for CM over the years when the father has always paid more than CM would.
The mother has threaten on a number of occasions, to remove contact fromthe father unless more cm is paid.
The father reminded the mother that he has always paid more than CM, the mother still demanded, so she went to CM and now recieves half the amount the father has always given...
IMO, the mother did deserve less after constant threats.
The father pays for many things outside of the original payment and then the CM decision also.
I would say Op, go to CM or the mother of your SS might not stop asking and threats may start about contact

I've seen this happen with someone I know too. Father was paying £200 a month even though they had 50:50 contact, mother wasn't happy, constantly demanding more because 'dads pay the mum'. Went to CMS and she now gets nothing. Can't say I have any sympathy really.

Child's mum is saying it needs to be £700 or she's "taking it further"

He should just reply "take it further then". She'll only shoot herself in the foot. Whatever happens don't you make it up to £700. If you're happy to keep it at £500 then great but that's it and if she does insist on going to CMS well she's in for a suprise isn't she.

LookyEre · 21/01/2023 07:33

I'm aware I've not come across well but I do appreciate all of the comments and viewpoints, it's helped see things more calmly

You've come across fine. People just think mothers, especially first mother's, are saintly on here and can't make any unreasonable requests.

Swipe left for the next trending thread