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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Non resident parent's obligation to support their children

317 replies

MargotBamborough · 24/10/2023 11:25

Another day, another thread about an unmarried woman separating from the father of her children.

This gets discussed a lot on here, but I can see the logic for why unmarried couples should not necessarily have any financial obligation towards each other when they separate. People should have the right to live together without being considered a single financial unit in the eyes of the law, and enforcing marriage-like obligations on people who have not chosen to get married seems wrong to me. Even if this results in some unmarried people, particularly women, making themselves financially vulnerable.

What I don't understand is why the non resident parent's financial obligation to support their children is so small. If the parents of two preschoolers separate, for example, how is the resident parent, who is most likely the mother, supposed to keep a roof over their children's heads if they can't work, and how can they work if they can't afford to pay two sets of childcare fees with the piss-poor contribution she is getting from the children's other parent?

I realise that even claiming the minimum that non resident parents are obliged to pay via CSA can be impossible sometimes - and that's a separate issue - but who on earth decided it was fair or reasonable that the non resident parent's obligation to pay should be limited to an amount which doesn't even touch the sides of the actual cost of raising their children?

I know it's another argument in favour of getting married, but that doesn't help resident parents in this situation, or indeed their children.

Does anyone have any bright ideas about how things could be changed to make the system fairer?

This is purely theoretical for me, but the injustice of it just grates. I've tried to use the gender neutral "resident parent" and "non resident parent" throughout, but we all know the reality, which is that it is usually women who get screwed over in this way, and I assume that is why the problem hasn't been addressed.

OP posts:
EmeraldTheSeahorse · 25/10/2023 13:43

Reugny · 25/10/2023 13:38

If any of your kids are 11 or above - give them the choice of seeing him.

In fact encourage them to see him at least once. As when they work out what he is, then they are unlikely to bother again.

That way you can never be blamed from stopping them seeing him.

They were given the choice a year ago after he was absent for 2 years, they said yes. He saw them four times in one year (3 being on special occasions) and then now hasn’t seen them for 6 months. Kids no longer want to see him now and have expressed this to me so if he does ask to see them I won’t be going along with it again and will be suggesting he takes it to court. I’m not concerned about being blamed my kids have said they don’t want to see him anymore.

Housesellingnightmare · 25/10/2023 13:43

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Willyoujustbequiet · 25/10/2023 13:43

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I've answered twice. Upthread and to you.

The fact that you disagree with the legal position is not my problem.

Housesellingnightmare · 25/10/2023 13:45

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MargotBamborough · 25/10/2023 13:45

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Refusing to pay maintenance is a form of neglect.

If the father loved their child they would pay what they owe and enjoy a loving relationship with them.

OP posts:
Housesellingnightmare · 25/10/2023 13:45

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Reugny · 25/10/2023 13:46

EmeraldTheSeahorse · 25/10/2023 13:43

They were given the choice a year ago after he was absent for 2 years, they said yes. He saw them four times in one year (3 being on special occasions) and then now hasn’t seen them for 6 months. Kids no longer want to see him now and have expressed this to me so if he does ask to see them I won’t be going along with it again and will be suggesting he takes it to court. I’m not concerned about being blamed my kids have said they don’t want to see him anymore.

Don't suggest anything.

Just tell him the kids don't want to see you anymore and end the conversation.

Then leave it to him to work out whether he can go to Court as once they are 14 he can't. (Some solicitors will advise him not to bother earlier than that.)

Crunchingleaf · 25/10/2023 13:47

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I agree with you, BUT let’s face it any parent who isn’t financially contributing to their children are almost guaranteed to be shit in other aspects of parenting. It costs money to meet all of a child’s needs and that burden shouldn’t fall solely on one parent. If the non paying parent truly loved and prioritised their child’s needs then they would pay towards their upbringing.

MargotBamborough · 25/10/2023 13:48

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How does a relationship with a parent who neglects the child's basic needs benefit the child?

OP posts:
Reugny · 25/10/2023 13:50

MargotBamborough · 25/10/2023 13:48

How does a relationship with a parent who neglects the child's basic needs benefit the child?

Children need to know who their parents are to aid their sense of self.

Willyoujustbequiet · 25/10/2023 13:52

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In an ideal world access should be agreed but it is only right and proper that any allegations of abuse or neglect are investigated. Child safety must take priority.

None of which has anything to do with my earlier replies.- Only deadbeat parents claim they aren't allowed to see their child. Its all a smokescreen and excuses for the fact they have never bothered to enforce their legal rights because they simply don't care enough.

Willyoujustbequiet · 25/10/2023 13:54

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They are denying themselves by not enforcing their legal rights.

They have agency. They are not a passive victim.

MargotBamborough · 25/10/2023 13:56

Reugny · 25/10/2023 13:50

Children need to know who their parents are to aid their sense of self.

I think if their parent doesn't pay maintenance and doesn't go to court to seek access to their children then the child will work out who the parent is easily enough.

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Housesellingnightmare · 25/10/2023 13:57

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Housesellingnightmare · 25/10/2023 13:58

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Housesellingnightmare · 25/10/2023 13:59

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MargotBamborough · 25/10/2023 13:59

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I think not paying maintenance should be a legitimate reason for the RP to suspend visits.

The NRP could then go to court seeking access and in the process of doing do have to explain to a judge why they aren't contributing towards their child's upkeep.

If they could be bothered, that is.

If they can't be bothered, the child isn't missing out on a relationship worth having IMO.

OP posts:
Housesellingnightmare · 25/10/2023 14:02

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Willyoujustbequiet · 25/10/2023 14:02

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That comment makes no sense

If a parent doesn't seek contact they are a shit parent.

If a parent doesn't pay support they are a shit parent

The law provides for both scenarios it's not difficult.

MargotBamborough · 25/10/2023 14:04

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No, the NRP who refuses to pay is the one focused on punishing the RP and ignoring the needs of the child.

OP posts:
Housesellingnightmare · 25/10/2023 14:05

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Housesellingnightmare · 25/10/2023 14:05

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Reugny · 25/10/2023 14:06

MargotBamborough · 25/10/2023 13:56

I think if their parent doesn't pay maintenance and doesn't go to court to seek access to their children then the child will work out who the parent is easily enough.

Courts shouldn't be involved in every aspect of people's lives including children. (The Family Courts have a massive backlog as it is.)

The child should be allowed to see their parent if their parent bothers to turn up.

Parents who pay no maintenance are unlikely to at all or more than a few times.

And when the child is old enough they are allowed to say they don't want to see their parent without being forced to see them regardless of whether the parent pays maintenance or not. Personal relationships aren't just about money.

MargotBamborough · 25/10/2023 14:08

Reugny · 25/10/2023 14:06

Courts shouldn't be involved in every aspect of people's lives including children. (The Family Courts have a massive backlog as it is.)

The child should be allowed to see their parent if their parent bothers to turn up.

Parents who pay no maintenance are unlikely to at all or more than a few times.

And when the child is old enough they are allowed to say they don't want to see their parent without being forced to see them regardless of whether the parent pays maintenance or not. Personal relationships aren't just about money.

That's easy to say when you're not the one having to make up the shortfall.

OP posts:
Willyoujustbequiet · 25/10/2023 14:12

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My comment applies.

Men are not without agency. They are perfectly capable of taking steps to rectify these situations given the legal provisions at their disposal. As I and others have pointed out.

I think you are being deliberately obtuse.