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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To go for enforcement of CM?

13 replies

pinotnow · 06/04/2025 11:11

Been divorced for 10 years. Ex was sahd as had no career and I was the sole earner. He has them for 4 nights per fortnight since around 2 years after the split (took him a couple of years to get a place where he could have them overnight). He has had various jobs since we split and for a while got a regular fairly well-paid job, but ultimately he doesn't want to work and prefers doing gigs, 'writing,' and other freelance stuff. All his bosses have been 'arseholes' he couldn't possibly work for. His mum still gives him handouts and he has a condition that has worsened in recent years and the dc seem to think he gets some sort of benefits as a result.

He has never bought the dc stuff for his house or made any contributions to anything. His mum has taken them all away a few times over the years though. I put in a claim once he was settled after the split just to make the point that parents have to pay for kids as he wouldn't provide clothing and I picked ds up from his place in November once in shorts despite there being a supermarket over the road. I knew I would never get much from it.

Over the 8 years the claim has been in I'd say he has paid around £6-900 max. Months/years will go by where he has to pay 0 due to being on benefits and having them however many nights it is, then they'll say he has to pay £20ish a week, then it'll stop etc etc. His arrears are around £1k. I know he thinks it's outrageous I ever put the claim in.

He goes abroad every year to a country where he has friends and has taken them once. He had a sizeable inheritance a few years ago and now owns a property outright. At that time he gave nothing to the dc, not even offering to top up their uniform that year, for example. It was during a period when he was paying nothing. He also found the money to take one dc to 2 concerts at a cost of over £2k - one was Eras. I feel there is now some money but it's not what the CMS are aware of.

I could live with all of this and I genuinely don't think he has thousands stashed away but I think he is selfish and irresponsible and thinks it's up to me to pay for the dc as I have a relatively well-paid job, ignoring the fact that he has chosen to do nothing all his life and if I suddenly couldn't work, or decided my bosses were arseholes and I was done with it, what would happen? I'm supposed to give him £10k from divorce settlement when ds2 is 21 ( about 5 years) and this will be after seeing two dc through uni on minimum loan due to my income and this is what I would like to go away. It's going to either wipe out my savings (I haven't always been on the kind of salary I'm on now) or, worse, have to come from the house or my pension and I really don't want that. He will piss it up the wall within months.

So CMS have written this week saying they want to pursue enforcement but they don't want to jeopardise any private agreement we may have so want my agreement first. Should I just go for it as why should he get away with doing/paying nothing and having no stress, or should I try and offset it against the £10k? That wouldn't be legally binding though and he could go back on it. Obviously, I'll ask them this tomorrow, but does anyone know what enforcement even entails? I know they took him to court years ago and it resulted in one £16 payment and nothing else!

Sorry for the ramble - just putting my thoughts down but any advice would be amazing.

OP posts:
FeministUnderTheCatriarchy · 06/04/2025 11:14

Of course you should go for it.

He has been negligent to his children for far too long. He sounds selfish and he has managed to operate as though he hasn't fathered these children, leaving all responsibility to you.

Hit him full force, let them shake the tree and see what comes out.

Or, if you want to end all dealings then get him to a lawyers where he agrees to write off the 10k, if you would be happy with that.

But one way or another you deserve something.

Pickledpoppetpickle · 06/04/2025 11:16

If he owns a house outright and he isn’t living in it with other children, there is something there to work with. They will ultimately pursue an order of sale and then a possession order - which means you will get your money once sold.

If he owns outright and doesn’t live in it, the house is an asset and should be included in the maintenance calculation.

As a warning, you may never get anything. I am 15 years and counting,

Heronwatcher · 06/04/2025 11:19

YANBU in principle but could you not reach a private agreement whereby you get to keep the 10k in lieu of what he’s not paid in maintenance? Obviously this would need to be by watertight agreement (variation of financial settlement) rather than taking his word.

Heronwatcher · 06/04/2025 11:21

Quite apart from anything else he’s probably spent all of his cash, and it’s likely to be an uphill struggle for anyone to get him to sell his house. Whereas the 10k is money you know exists.

pinotnow · 06/04/2025 11:31

Thanks all. I definitely would not want him to have to sell his house. It would be disproportionate and would make me look awful to the dc if it did actually happen. The problem is, the arrears are currently 'only' 1k and the current amount he is supposed to be paying is about £100 per month (he's not paying it, which is what has prompted the latest letter). Ds1 is now 18 so I assume that amount will reduce and ds2 is 18 in two years. So the amount he owes will never reach close to £10k so from his perspective he has no reason to offset that against the CM.

But for years he had to pay 0 despite having access to some money, and he had the inheritance and never mentioned it, so it just seems so unfair. I don't think his arrears are a fair reflection of what he should have paid but I don't think I can win it. I did suggest this to him a little while ago and he didn't reply to the email.

OP posts:
OopsyDaisie · 06/04/2025 11:33

This might be a stupid question... but if he got money from his inheritance, than isn’t that money accounted for in his tax returns etc so he should then have had ti pay maintenance? Genuine question on my mind though...

pinotnow · 06/04/2025 11:38

I don't know, @OopsyDaisie . I reported it to the CMS and they said he had been 'naughty' not to mention it but that now he had bought a house there was nothing they could do but they would 'make a note' of it. I don't know if he does tax returns but he is a nightmare for anything financial - disorganised and tries to get away with whatever he can.

OP posts:
JustAnotherManicMomday · 06/04/2025 11:41

Did the divorce discuss child maintenance as if so I would be speaking to a solicitor to see if the agreement about £10k is still valid when his not meeting his obligations to support his kids. Most likely two separate issues but certainly worth checking. If you agree to offset it definitely do that via legal channels and tell them at the time the payment is due you will be removing any amount he owes you.

Mindymomo · 06/04/2025 11:48

OopsyDaisie · 06/04/2025 11:33

This might be a stupid question... but if he got money from his inheritance, than isn’t that money accounted for in his tax returns etc so he should then have had ti pay maintenance? Genuine question on my mind though...

Inheritance isn’t earnings, or seen as income, so it isn’t needed to be on Tax Return.

Whatonearthdoiknow · 06/04/2025 11:53

I wouldn’t bother but I also wouldn’t be giving him £10k either. Absolutely not. Is that court ordered?

MomOfTwoGirls2 · 06/04/2025 11:57

Could you do a payment plan for the 10k. 1k or 2k per year?

Meep2024 · 07/04/2025 07:24

pinotnow · 06/04/2025 11:11

Been divorced for 10 years. Ex was sahd as had no career and I was the sole earner. He has them for 4 nights per fortnight since around 2 years after the split (took him a couple of years to get a place where he could have them overnight). He has had various jobs since we split and for a while got a regular fairly well-paid job, but ultimately he doesn't want to work and prefers doing gigs, 'writing,' and other freelance stuff. All his bosses have been 'arseholes' he couldn't possibly work for. His mum still gives him handouts and he has a condition that has worsened in recent years and the dc seem to think he gets some sort of benefits as a result.

He has never bought the dc stuff for his house or made any contributions to anything. His mum has taken them all away a few times over the years though. I put in a claim once he was settled after the split just to make the point that parents have to pay for kids as he wouldn't provide clothing and I picked ds up from his place in November once in shorts despite there being a supermarket over the road. I knew I would never get much from it.

Over the 8 years the claim has been in I'd say he has paid around £6-900 max. Months/years will go by where he has to pay 0 due to being on benefits and having them however many nights it is, then they'll say he has to pay £20ish a week, then it'll stop etc etc. His arrears are around £1k. I know he thinks it's outrageous I ever put the claim in.

He goes abroad every year to a country where he has friends and has taken them once. He had a sizeable inheritance a few years ago and now owns a property outright. At that time he gave nothing to the dc, not even offering to top up their uniform that year, for example. It was during a period when he was paying nothing. He also found the money to take one dc to 2 concerts at a cost of over £2k - one was Eras. I feel there is now some money but it's not what the CMS are aware of.

I could live with all of this and I genuinely don't think he has thousands stashed away but I think he is selfish and irresponsible and thinks it's up to me to pay for the dc as I have a relatively well-paid job, ignoring the fact that he has chosen to do nothing all his life and if I suddenly couldn't work, or decided my bosses were arseholes and I was done with it, what would happen? I'm supposed to give him £10k from divorce settlement when ds2 is 21 ( about 5 years) and this will be after seeing two dc through uni on minimum loan due to my income and this is what I would like to go away. It's going to either wipe out my savings (I haven't always been on the kind of salary I'm on now) or, worse, have to come from the house or my pension and I really don't want that. He will piss it up the wall within months.

So CMS have written this week saying they want to pursue enforcement but they don't want to jeopardise any private agreement we may have so want my agreement first. Should I just go for it as why should he get away with doing/paying nothing and having no stress, or should I try and offset it against the £10k? That wouldn't be legally binding though and he could go back on it. Obviously, I'll ask them this tomorrow, but does anyone know what enforcement even entails? I know they took him to court years ago and it resulted in one £16 payment and nothing else!

Sorry for the ramble - just putting my thoughts down but any advice would be amazing.

Go for it. Be forewarned though CMS are often next to useless. My Ex quit both his jobs to not pay CM once they enforced the first payment. Haven't even had one payment from him direct from his UC.

caringcarer · 07/04/2025 10:24

Your ex sounds a total loser. CMS made my exh pay as they threatened to take his passport away. They can also take driving licence. I found it was very much luck of the draw if your case worker was aggressive in persuing money on your behalf or not. I did get my exh to repay most of what he owed but it a nightmare when my youngest DS was 8 or 9 and he refused to pay half his school fees which he promised to do in divorce and he just didn't pay maintenance on time. I couldn't rely on it. I was sad he cared so little about his ds he'd trash his opportunities just to try to get back at me.

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