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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

CMS

164 replies

Runto · 02/05/2025 14:45

I live same building with my kids and ex.
We have a big flat , where the kids are, and a small flat, where I stay.

I see the kids and support every day for homework music food and we go out to play sport every day.

Only thing
The kids don't sleep as mine , because the flat is a bit small. It is possible for them to sleep in my flat but is is just less comfortable than their own bed , one couple of stairs up.

The mother is claiming child maintenance because she says the kids don't sleep at mine.

The mother had a job, is from a wealthy family ( inheritocratie

Given the fact that I am involved 100% in there life I

OP posts:
vodkaredbullgirl · 03/05/2025 18:53

We will repeat again, just because she has money doesn't mean that you don't pay for your kids.

HopscotchBanana · 03/05/2025 18:55

Runto · 03/05/2025 18:49

@Wahsingday

Thank you for rating the cases. That last vote wasn't one of the original options, but fair enough—I'm sure that type exists. It just wasn’t included in the choices I offered. Thank you, I really appreciate it. (let me think about your rating, I will come back to you)
I’d like to make a point: when a mother with no financial need—present or future (thanks to inheritocray)—seeks CMS from a father who is fully present and actively involved in the children’s lives, that may be legally justified, but it’s family irresponsible. You could also call it:

  • Using legal entitlement without family consideration,
  • Prioritising legal rights over family harmony, or as I’ve previously said,
  • Weaponising legality at the expense of family peace.
What I find especially interesting is how many people in this group seem to believe that the wealth of the resident parent is irrelevant. Honestly, when someone says “money doesn’t matter” in a discussion like this (or any discussion for that matter), they often lose credibility in my eyes somewhat. That’s just "desirability bias". I also think some people here are reacting based on the usual “default narrative,” rather than actually engaging with the specific details of the case. So I’ll repeat a key point: These kids have open, easy access to their dad. They can go to his house anytime, raid his fridge, dig into the biscuit jar, and argue with him about anything, whenever they like. That’s not your standard absent-parent scenario. @HaddyAbrams—I don’t really understand the argument being made in response. But let me break it to you gently: life isn’t fair. That’s exactly why a super-wealthy mother can legally demand child support from a less wealthy father who is already giving his all—just not in pure cash (That the mother doesn't need). To me, it is the blatant corruption of the CMS.

@Spirallingdownwards Thanks. it is ongoing.

So in a nutshell

Anyone who thinks I can't use this piss poor excuse not to provide financially for my children, is "family irresponsible."

Pay for the children you made you absolute entitled cheapskate.

MmeChoufleur · 03/05/2025 18:55

For fucks sake, you’re just trying to wind us up now. MN invented the word cocklodger just for you. I suppose you expected your wealthy in-laws to keep you when you were married, too? Your wages (assuming you work) were kept by you as recompense for playing with your own children?

ArminTamzerian · 03/05/2025 18:56

OP you use a lot of words to say you're a deadbeat who won't pay for his children

oviraptor21 · 03/05/2025 18:59

The wealth of the mother is entirely irrelevant. You really do have to stop banging that drum OP.
As others have said, if you want to avoid paying child maintenance, you either need to move back in to the jointly owned home, or you need to get yourself a place that is big enough to have the children overnight for at least 50% of the time. You should be able to do this if you finalise the divorce and get the equity out of the big flat. Sounds like your ex will be able to buy you out.

HaddyAbrams · 03/05/2025 19:10

No life isn't fair. Once again a you seem to struggle to understand, that's why the CMS one size fits all approach doesn't always work. No because your ex is rich, bit because you could technically be feeding them 3 means a day, paying for all extra curriculars etc and still be liable to pay purely on where they sleep.

However. It's clear that isn't the case here. You've said you don't pay for 50% of costs. So that's why you need to pay. Paying for a pay out and letting the DC raid the biscuit tin doesn't count ffs. Otherwise I'm the third parent to my nieces, nephews and best friends child.

Any chance you could answer who takes time off from work when needed? Gets up in the night when DC are sick etc?

Runto · 03/05/2025 19:12

Alright, let’s move on and look at a different example. Imagine a super-wealthy royal claiming unemployment benefits—legally, they might be entitled to it, but morally, it would be a complete misuse of the system. That’s the kind of disconnect I’m talking about.

let's go back to the original case. with more information.
For context: in this case, the mother doesn’t want the children sleeping at the father, saying it wouldn’t be very comfortable for them.

OP posts:
vodkaredbullgirl · 03/05/2025 19:14

You are definitely on the wind up.

HaddyAbrams · 03/05/2025 19:16

I'm not sure that a super wealthy royal can claim any form of benefits tbh.
And its not comparable.
Tax payer paying benefits to super wealthy royal is nothing like father paying for his own children.

Bestfadeplans · 03/05/2025 19:17

Runto · 03/05/2025 19:12

Alright, let’s move on and look at a different example. Imagine a super-wealthy royal claiming unemployment benefits—legally, they might be entitled to it, but morally, it would be a complete misuse of the system. That’s the kind of disconnect I’m talking about.

let's go back to the original case. with more information.
For context: in this case, the mother doesn’t want the children sleeping at the father, saying it wouldn’t be very comfortable for them.

Well it won't be if they don't have their own bedroom and beds

HaddyAbrams · 03/05/2025 19:17

And the father could take the mother to court for overnight access if he genuinely wanted it.

MmeChoufleur · 03/05/2025 19:20

Runto · 03/05/2025 19:12

Alright, let’s move on and look at a different example. Imagine a super-wealthy royal claiming unemployment benefits—legally, they might be entitled to it, but morally, it would be a complete misuse of the system. That’s the kind of disconnect I’m talking about.

let's go back to the original case. with more information.
For context: in this case, the mother doesn’t want the children sleeping at the father, saying it wouldn’t be very comfortable for them.

It’s nothing like that. A child is 50% a mother’s responsibility and 50% a father’s. The mother is covering her 50% and the father should cover his, regardless of the mother’s situation.

You’re happy to sponge off your ex? Have you no dignity?

And CM is nothing like benefits! You stuck your dick in and sired these children, now you need to follow through on YOUR RESPONSIBILITY. The money is for your children, not your ex.

As an aside, I assume you work full time or you wouldn’t have to pay CMS beyond a few pennies. How are you at your children’s disposal 24/7 if you work?

Theunamedcat · 03/05/2025 19:25

Runto · 03/05/2025 19:12

Alright, let’s move on and look at a different example. Imagine a super-wealthy royal claiming unemployment benefits—legally, they might be entitled to it, but morally, it would be a complete misuse of the system. That’s the kind of disconnect I’m talking about.

let's go back to the original case. with more information.
For context: in this case, the mother doesn’t want the children sleeping at the father, saying it wouldn’t be very comfortable for them.

Legally they will be entitled to 6 months contribution based job seekers only if they had paid taxes although I'm not sure if the savings portion kicks in on contribution based or not

Also it doesn't matter if one parent isn't comfortable with the children sleeping over the other parent simply needs a suitable home and a couple of hundred pounds for court unless there are extreme factors they will get overnight access

Runto · 03/05/2025 19:25

@ HaddyAbrams .

Apologies—I may have overlooked your question. So yes, the father does take time off work and even wakes up in the middle of the night when the kids are staying with him.
You're the only one in this whole "status quo bias" festival who seems to acknowledge that the CMS approach isn’t one-size-fits-all. And that matters.

As for your comparison—I don’t think your best friend’s child, niece, or nephew can just raid your flat whenever they like, unless they live directly above you. And if they did, you'd absolutely be acting as a third parent. No question about that !

OP posts:
AndSoFinally · 03/05/2025 19:26

What is the arrangement with the flats?

If you own both 50/50, the large is paid off, and you're paying 100% of the mortgage on the small one, that would be what you should focus on as this seems unfair

She owes you rent for sole occupancy of a flat you own half of if she's not contributing to the mortgage of the flat she owns half of

That may well balance out what you owe her in CMS anyway

vodkaredbullgirl · 03/05/2025 19:27

But you said they don't stay with you overnight, which is it to be?

HaddyAbrams · 03/05/2025 19:30

So yes, the father does take time off work and even wakes up in the middle of the night when the kids are staying with him.

I thought they weren't allowed to stay with you? Confused
So let's assume that's a rare occurrence, so Mum does most of them?
What % of the total parenting do you do? That doesn't mean taking them outside more than Mum does. But the boring everyday stuff. Washing. Cleaning. Drs/dentist etc. Who notices when they need a new winter coat, or more uniform etc?

Snorlaxo · 03/05/2025 19:35

If the mother really won’t allow the kids to sleep at dad’s, why hasn’t he taken her to court? It costs something like £210 plus a mediation session.

vodkaredbullgirl · 03/05/2025 19:37

Snorlaxo · 03/05/2025 19:35

If the mother really won’t allow the kids to sleep at dad’s, why hasn’t he taken her to court? It costs something like £210 plus a mediation session.

Because he is looking for sympathy votes.

Runto · 03/05/2025 19:43

some people says who feed the kids. whichever fridge they open . which heating they enjoy, whichever flat they in.

@vodkaredbullgirl .When the kid sleep with the father, the father wakes up if kid unwell.

one kid sleeps on the sofa and one kid of the bed of the father. Father will sleep on an inflatable single mat. The mother says it is not okay.

OP posts:
vodkaredbullgirl · 03/05/2025 19:46

So are you the father or NOT?

HaddyAbrams · 03/05/2025 19:50

So you and your ex both have enough food for them to eat 3 meals and snacks at your house? Don't you need to meal plan? What about waste? That sounds very inconvenient.

ToKittyornottoKitty · 03/05/2025 19:50

Runto · 03/05/2025 19:43

some people says who feed the kids. whichever fridge they open . which heating they enjoy, whichever flat they in.

@vodkaredbullgirl .When the kid sleep with the father, the father wakes up if kid unwell.

one kid sleeps on the sofa and one kid of the bed of the father. Father will sleep on an inflatable single mat. The mother says it is not okay.

If the dad doesn’t agree then go to court for 50/50 access, then your CMS issues go away too.

But you won’t I bet

Bestfadeplans · 03/05/2025 20:16

Runto · 03/05/2025 19:25

@ HaddyAbrams .

Apologies—I may have overlooked your question. So yes, the father does take time off work and even wakes up in the middle of the night when the kids are staying with him.
You're the only one in this whole "status quo bias" festival who seems to acknowledge that the CMS approach isn’t one-size-fits-all. And that matters.

As for your comparison—I don’t think your best friend’s child, niece, or nephew can just raid your flat whenever they like, unless they live directly above you. And if they did, you'd absolutely be acting as a third parent. No question about that !

Staying with him? So you do have them overnight??

PaintYourAssLikeRembrandt · 03/05/2025 21:41

Is op still tying themselves in knots trying to get us to agree the dad shouldn't pay because he provides unlimited custard creams and goes outside with his own kids?

I wonder how op will justify a dad not contributing towards his kids tomorrow?

"A train leaves Penzance at 9am going 80mph and another train leaves Inverness at 7am going 75mph when they meet in Carlisle how much CMS should the dad pay considering how much income a train station has (bearing in mind a caramel bar on a train is £1.10.) Is that fair?"

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