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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not accept this offer from ex to give the dc £10k and instead pursue CM

73 replies

stripycats · 30/05/2024 09:11

I have posted about my financial arrangements with ex several times over the years (under different user names) and had loads of good advice. This morning he has made me an offer and I would massively appreciate some advice on it please. I'll try to be brief but backstory is obviously relevant but if anyone does have time I would love some advice.

I was main breadwinner in marriage (lasted 8 years, together for 10) and he had always been shit with money - was well into his 30s when we met with no career, which I had. He does bits and bobs of freelance writing and works on his music. He was a decent enough househusband when our dc were little. When we split our assets amounted to £30k and he had no hope of getting a mortgage alone so selling the house was never even mentioned and I bought him out and gave him £15k with an agreement to give him an additional £10k when ds2 is 21 (in 6 years time now). He wanted to move out as he wanted 'a break'. He never wanted to stay or be the one responsible for the dc. We had had money for a deposit from his dm but I had made all mortgage repayments and he had decided we should take a remortgage to fund improvements which were not essential. He also pushed for us to move to a bigger house thereby increasing the mortgage just a year before we split, despite knowing he was cheating. He didn't make a claim against my pension. We split 10 years ago and he has the dc around 4 nights per fortnight.

After the split it became clear he was never going to put his hand in his pocket for the dc beyond feeding them when they were with him. He still saw paying as my job. They had no clothes or toys there until I provided them etc. I tried to get him to pay for stuff like swimming just to make a contribution as things were quite tight for me then but he wouldn't so I opened a CMS claim, really just to make the point. There was a period of about 18 months a few years ago when he was paying around £100 per month but other than that he has either just not paid or they've said his income is too low to have to pay anything - that was after moving to direct pay. About 3 years ago he inherited approx £200k and bought a property outright. Nothing was given to dc.

My income has recently gone up following promotion but I'm on my own and solely responsible for everything financially. I earn approx £65k now and have around £20k in savings. Both dc are likely to go to uni in the next few years, which I worry about as on my income they won't get much of a loan. I have saved separately for that via their child trust fund things and both have around £9k in those, which, together with the £20k means we should be alright. But just. I recently told ex my fears about uni as he was talking about taking the dc away for a fortnight, which he has never done before and I questioned why he was contributing nothing if taking two week holidays. He didn't reply. What I really want is for him to write off the £10k and then I would be more than happy to pay all costs for the dc going forward, which I have been doing anyway but the £10k hanging over me is a massive issue and worry.

Today he has suddenly messaged telling me he has taken out a loan to help with the dc uni costs and has received a letter from the CMS saying he will have to pay £80 per week from now on. No idea why this would be the case as they wouldn't be aware of a loan would they and it wouldn't affect his payments anyway surely? So presumably along with the loan he has got some better paying work, though if he has I doubt it will last as it never does with him. Anyway, he is saying he will put £5k in each dc's bank account tomorrow if I cancel the CMS claim and say we have come to an agreement.

What should I do? I don't trust him. Why take a loan out for the dc at least a year before they need it? It would make more sense to tell me he doesn't want the £10k. I don't care about the CMS anyway and in any case I highly doubt £80 per week would last for any length of time so I have no issue with not having that, but I want the £10k cancelled. How do I handle this in a way that's fair to the dc and doesn't leave me vulnerable to his shit and irresponsible behaviour with money?
Thank you so much if you have read this far!

OP posts:
MuggleMe · 30/05/2024 09:16

Was it a formal agreement? I'd state you'll only agree to never pursue CMS in the future if he cancels the £10k. I don't understand why he took out a loan when he got a big inheritance.

GabriellaMontez · 30/05/2024 09:16

Is the 10k enforceable?

That sounds unusual.

The whole thing is weird.

You could take the 2 x 5k then tell CMS to chase him.

He's obviously bullshitting you about something... but why?

stripycats · 30/05/2024 09:21

I know - it's massively odd and doesn't add up at all. I also know he has recently had some work done on his house, so he has some money from somewhere.

The £10k is enforceable, yes.

OP posts:
GabriellaMontez · 30/05/2024 09:21

He must be generating an income.

He is worried cms will know about it and get it to you. Something he can't hide.

Could he be getting a pension income? Rental?

CovertPiggery · 30/05/2024 09:23

If the £10k is not enforceable, I'd just ignore and carry on with the claim.

If it is and you think it would be a fair deal, you'd really need to have the agreement updated (at his expense) before dropping anything with CMS.

I wonder if he had a decent job offer, promotion or something he wants to apply for and he's trying to get out of paying before it kicks in.

GerbilsForever24 · 30/05/2024 09:24

I would tell him you want an agreement drawn up to say that he relinquished his claim on thr £10000 and that once that is signed, you will not pursue CMS. It does sound like he thinks he has money coming in but ad you know he's never going to give that over, why bother?

If he insists on this pay now thing, then tell him that the £10k must be paid to you, and you just invest it until you have yo pay it back to him.

Tellmeifimwrong · 30/05/2024 09:27

Take the 10k and keep it to give him back when dc2 is 21, pursue CM anyway, let him deal with the repercussions of the loan.
That's what I'd do but I have a shit relationship with my ex and I'm vengeful!

stripycats · 30/05/2024 09:39

There is no way he has a promotion - he's just not in that line of work. Does anyone know what CMS have access to if you use direct pay? I thought it was just BACS payments from employers but maybe they can see your bank account in its entirety? No rental. He just never has any money so this is so odd. The only way he can ever get money is from his dm.

OP posts:
PBandJ111 · 30/05/2024 09:49

How old are your kids?
£5k each is a drop in the ocean if going to uni. Pathetic.

GabriellaMontez · 30/05/2024 09:50

Cms just use the tax return you submitted to HMRC.

Passthepickle · 30/05/2024 09:52

Can he come after your pension or was that formally resolved?

stripycats · 30/05/2024 09:53

I'm very dim - tax returns wouldn't show loans would they?

There is no way he would be eligible for a loan - or his interest would be sky high. Have just though maybe he has done equity release on the house he bought? But it still wouldn't explain why he suddenly needs to pay £240 per month CMS after needing to pay 0 for years.

OP posts:
stripycats · 30/05/2024 09:54

He can't come after my pension - we had a final order thing.

OP posts:
ARichtGoodDram · 30/05/2024 09:54

What about telling him if he gives you the 10k you’ll cancel all CMS?

Then, if it emerges, you just keep it in the bank and give him it back when you have to pay your 10k.

In no way would I accept his offer because I bet if he puts 10k into the kids’ bank accounts it’ll be because he needs to pay CMS now and he thinks he’ll be getting the 10k back from you anyway.

Blendeddogs · 30/05/2024 09:56

Tell him to put it in writing and transfer the money before you will consider anything - if he has money - maybe ask for 50% of that as well

GabriellaMontez · 30/05/2024 09:58

But if he's taking his own pension, he'll be expected to pay cms on that.

ARichtGoodDram · 30/05/2024 09:58

If he’s been assessed as having to pay then he has an income now - job, interest in savings, rental income, pension or something.

GabriellaMontez · 30/05/2024 10:00

Also it will be based on his last tax return. (Not his current income)

Which means something begun some time ago. They've only just caught up.

stripycats · 30/05/2024 10:02

He hasn't got a pension - his mantra was always that his mum's house is his pension! She is still alive. He also said he would be dead before any pension would pay out and that was why he didn't want mine. He's a bit older than me but only in his 50s.

OP posts:
GabriellaMontez · 30/05/2024 10:13

Do you have a cms account? Perhaps the portal would give you some clues.

Clearly he has an income stream that they've identified easily. (Cms don't go looking unless you really pressure them and they refer to the financial investigation unit).

You may find the amount he owes you goes up (when they have a full year of his new income).

Hoardasurass · 30/05/2024 10:22

@stripycats please speak with the cms before you make any decisions because this all sounds very fishy and familiar, my dds dad had been shall we say less than honest about his earnings over a very long period of time and it finally caught up with him, the tax man caught him and told the cms what he was really earning all that time, and they reassessed what he should have paid. In our case it was such a large sum owed that I got a lean thingy put on his house so he can't sell, mortgage or give it away until I get my money. I might also add that he made all sorts of promises and sob stories trying to get me to cancel the claim before I knew he owed £70,000+ in back matanece.

Edited for auto correct

WoodBurningStov · 30/05/2024 10:30

CMS only look at taxable earnings - they won't know or care about any debts your ex might have

Ring the CMS and find out directly from them what's going on.

He's trying to hide something.

I'd tell him that you'll accept 10k per child for uni and he writes off the 10k officially from the house.

drspouse · 30/05/2024 11:00

Could he have a lodger or be renting out part of his mum's house?

I have to say, I wouldn't be relinquishing any CMS claims because a) you never know what he'll get in the future (even if he is a layabout, if he thinks his mum's house is his pension, presumably he is intending to rent it out at some point) and b) I wouldn't have thought it would be enforceable - he would still owe money to care for your DCs (and also, c) you never know whether CMS will get teeth like it should do).

A couple of years of £80 per week will be pretty much the £10K anyway.

LittleLittleRex · 30/05/2024 11:11

I would not agree to it. He gets to pat himself on the back for helping them at uni when in fact he's reducing the amount of help he's giving and relying on your 10k to pay the loan back. He'll see it as him getting out of having to help at all with university, having done his bit.

If he has to pay £80 a week, that's £4,000 a year. So depending on the ages of your children it doesn't make financial sense to agree to it either. Put the £80 a week into an account, one where his £10k will come from.

bridgetreilly · 30/05/2024 11:13

Tell him that if he puts the money in the kids’ accounts AND cancels the £10k you owe him, you’ll stop the CMS claim and never expect anything else.