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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Ex insists he can't afford child maintenance payments

141 replies

KindBrickSquid · 29/08/2025 13:36

Would really appreciate some input on this please and I don't know if I'm being unreasonable or not.

TLDR;

  • DC lives with me full time and has gone no contact with dad.
  • I still paid child maintenance for months while DC lived with me because ex was lying to child maintenance.
  • Ex claims he can't afford the £365 a month due to child care costs for his other child.
  • Ex has offered £200 a month instead.

AIBU? Do I just agree to £200 a month without any of that money being paid back or do I insist we go with what child maintenance have said the payment should be.

I even worked out what the payment would be if my ex was on less money, had DC on weekends and taking into account their other child and it's still around £280.

More context;

Ex and I split up when DC was very young. I was in a job that travelled a lot so it meant I could only have DC on weekends so we came to agreement DC would be with me on the weekends and ex in the week and I'd have him all school holidays etc. This changed about 3 years ago when I changed career and i'm not at home all the time.

DC is now 15. DC had issues with my ex's new wife, it was a very tense household. A lot of fighting, name calling etc and DC has been living with that and struggling with it badly. Ex and his new wife were aware of the shouting being a trigger for DC but nothing changed. DC told me they wanted to live with me and my husband full time at the start of this year. Long story short things went from bad to worse at DC's dad's house and DC ended up moving in with me permanently at the beginning of the year.

There was contact to begin with between DC and ex but DC ended up going no contact due to the stress and upset it was causing. But due to ex not agreeing to DC moving out they refused to stop child maintenance and was falsely claiming DC still lived with them. I was paying around £350 for child maintenance a month for 5 months before I finally got it changed.

Ex is now being told by child maintenance that they need to pay me £375 a month now that DC lives with me full time. That doesn't include paying me back for all the months I paid when I shouldn't have.

Ex however is saying that he can't afford it because of how much nursery is for he and his new wife's child. He said he can afford £200 a month and that's it. He's on £41k a year and doesn't live in an expensive part of the country. He said anymore and it'll put him into debt. His wife also works a good job.

I've been put into debt for the fact I had to pay £350 a month to my ex while DC was actually living with me because I was also the one that was actually paying for DC (so bills increased, needed clothing as ex was withholding his things, school things, food, travel, pocket money, activities, you get the idea).

I said to ex that I would be willing to agree to a lesser amount only if they paid me back the money I was sending them all those months that DC was actually living with me. He has refused this because he has 'put the money into a savings account for DC'. He said there's 3k in that account and it's to go towards a car or university later on.

My ex has been caught out in lies in the past (part of the reason we split back then) and I can't help but think this is a lie and he and his wife have just spent the money I sent over. Otherwise why would they be so reluctant to send it back to me considering not doing so would 'put them into debt' if they had to go with the Child Maintenance Agreement.

He says his wife shouldn't have to pay for DC and I agree with that, but I think his wife should be contributing to child care for their child if that is what they insist they can't afford.

AIBU?

Do I just agree to £200 a month without any of that money being paid back or do I insist we go with what child maintenance have said the payment should be.

I even worked out what the payment would be if my ex was on less money, had DC on weekends and taking into account their other child and it's still around £280 (so more than the £200 he's offering).

OP posts:
Notmycircusnotmyotter · 29/08/2025 15:51

Get every penny that's yours.

Undoundid · 29/08/2025 15:53

Go via CMS, but you are unreasonable bringing his wife's earning into your post-they have nothing to do with you at all.

Cherrysoup · 29/08/2025 15:56

And surely he needs to also repay the falsely claimed maintenance?!

NewsdeskJC · 29/08/2025 15:56

If he has an employer then go via cms.

Rainbowqueeen · 29/08/2025 16:07

Cms.

He will take great delight in paying the 200 late every month and messing you round as much as possible. Fuck that. Cms collection. Your child deserves it.

Cherry8809 · 29/08/2025 16:09

Tiredofwhataboutery · 29/08/2025 14:58

I’d agree to go via cms he’s an arse and tbh insisting on you paying him when your DS has moved it’s ridiculous. If he doesn’t pay then it’ll cost him more.

If he says money is in a bank account have it transferred to one thst you control / only gets released at 18.

If he says money is in a bank account have it transferred to one thst you control / only gets released at 18.

Oh yeah, cause he’s going to agree to that 🙄

Sunnyscribe · 29/08/2025 16:10

You have a child, you pay for them. Get the full amount.

yikesss · 30/08/2025 09:59

CMS have the figures, they worked out the payment, tell him to argue with them

TheFormidableMrsC · 30/08/2025 10:02

Keep it via CMS because every month there will be an excuse. I imagine they are also aware of the other child which would have reduced his payments. He either pays or they take directly from his salary. Do not agree to anything else.

TheFormidableMrsC · 30/08/2025 10:03

Undoundid · 29/08/2025 15:53

Go via CMS, but you are unreasonable bringing his wife's earning into your post-they have nothing to do with you at all.

I don’t think it’s unreasonable at all. It demonstrates they have a healthy household income.

Bunnycute23 · 30/08/2025 10:08

I have two children with two different fathers. They've both managed to pay less than £100 monthly through the CMS. If they go off the PAYE grid, they're off the hook, basically. You just have to get on with it, unfortunately. The system isn't fit for purpose and lets children down routinely. I cheer myself up by thinking that they won't even get a state pension.

Bunnycute23 · 30/08/2025 10:09

TheFormidableMrsC · 30/08/2025 10:02

Keep it via CMS because every month there will be an excuse. I imagine they are also aware of the other child which would have reduced his payments. He either pays or they take directly from his salary. Do not agree to anything else.

Doesn't work, sadly.

TheFormidableMrsC · 30/08/2025 10:12

Bunnycute23 · 30/08/2025 10:09

Doesn't work, sadly.

The OP’s ex is on £40k plus a year so it should work for her.

QuickHare · 30/08/2025 10:14

Stop worrying about what's 'fair' - this is your child's money and they need the full amount. You're overthinking this. Stop thinking about offering to accept £280. If you take less, you're effectively gifting your ex-partner's household the difference, which is money for your son.

Let CMS deal with it.

Bunnycute23 · 30/08/2025 10:17

TheFormidableMrsC · 30/08/2025 10:12

The OP’s ex is on £40k plus a year so it should work for her.

Hopefully. If it's through PAYE. Although, he could just not pay. Its never penalised criminally. Or not that I've seen.

femfemlicious · 30/08/2025 10:20

Get the money taken out of his pay cheque!. Why are you negotiating with him?. Get him to show you proof of the Money in a bank account in your sons name that he cannot withdraw from . If he cannot show this then take him to small claims court!!!. Do you have proof your Don was staying with you?. Why arebyou letting him walk all over you, are you scared of him?

Bunnycute23 · 30/08/2025 10:20

QuickHare · 30/08/2025 10:14

Stop worrying about what's 'fair' - this is your child's money and they need the full amount. You're overthinking this. Stop thinking about offering to accept £280. If you take less, you're effectively gifting your ex-partner's household the difference, which is money for your son.

Let CMS deal with it.

Sadly, that's like putting Rose West in charge of childcare, in my experience. Worst experimental government deparment ever. Not fit for purpose.

notallthosewhotravelarelost · 30/08/2025 10:21

So if you had your DC for 5 months, and paid him during that time, doesn't he owe you a repayment of that amount, plus what you should have been receiving? So 350 +365 x 5. Or have I misunderstood?

Bunnycute23 · 30/08/2025 10:24

femfemlicious · 30/08/2025 10:20

Get the money taken out of his pay cheque!. Why are you negotiating with him?. Get him to show you proof of the Money in a bank account in your sons name that he cannot withdraw from . If he cannot show this then take him to small claims court!!!. Do you have proof your Don was staying with you?. Why arebyou letting him walk all over you, are you scared of him?

Who is Don? If you were in OP's situation, how would you get the money? You use Americanisms a lot. The process re 'paychecks' isn't as simple here, I'm afraid.

SwirlingWater · 30/08/2025 10:25

100% go via CMS

femfemlicious · 30/08/2025 10:26

Bunnycute23 · 30/08/2025 10:24

Who is Don? If you were in OP's situation, how would you get the money? You use Americanisms a lot. The process re 'paychecks' isn't as simple here, I'm afraid.

Not American. Cms can get the money taken out of his pay!. Obviously a typo, I meant son!

Bunnycute23 · 30/08/2025 10:31

notallthosewhotravelarelost · 30/08/2025 10:21

So if you had your DC for 5 months, and paid him during that time, doesn't he owe you a repayment of that amount, plus what you should have been receiving? So 350 +365 x 5. Or have I misunderstood?

Theoretically, I guess. We put women in prison for not paying TV licenses. Men can walk away from being parents with impunity. Its awful. But the best thing for OP is to kiss goodbye to the money and enjoy all the things money doesnt buy. Its not right and it isn't fair. But the amount of times I read people on here saying 'go to the CMS' and know instantly they've never tried to call them. They're hopeless!

Bunnycute23 · 30/08/2025 10:32

femfemlicious · 30/08/2025 10:26

Not American. Cms can get the money taken out of his pay!. Obviously a typo, I meant son!

They can theoretically. But they don't in my experience. Have you used them?

Bunnycute23 · 30/08/2025 10:33

SwirlingWater · 30/08/2025 10:25

100% go via CMS

What do you think they'll do?

Bunnycute23 · 30/08/2025 10:35

QuickHare · 30/08/2025 10:14

Stop worrying about what's 'fair' - this is your child's money and they need the full amount. You're overthinking this. Stop thinking about offering to accept £280. If you take less, you're effectively gifting your ex-partner's household the difference, which is money for your son.

Let CMS deal with it.

They don't and won't 'deal with it'. £300 monthly is probably higher than their derisory calculations anyway.