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DH stoping paying CMS

472 replies

donewiththistakemeaway · Today 10:25

My husband told his ex-partner — the mother of his two oldest children — a year ago that he planned to leave his job within the next 12 months. She has never worked, and for the last 9 years he has paid her £1,500 per month voluntarily, even though the Child Maintenance Service calculates the correct amount should only be around £300.

The kids stayed with us for 10 nights a month, matching my husband’s days off. Between us, we did all school runs, clubs, meals, and bedtime routines — returning them to their mother around 8pm each evening. They couldn’t stay more nights because my husband’s shift pattern meant leaving at 5pm, driving 2 hours, working until 7am, and getting home by 9am. This would have left me alone caring for all 5 children while also working, handling all household tasks, and managing their activities. Meanwhile, their mother only had to put them to bed around 9pm, yet received far more money than required. We also take all five children to their clubs and activities every weekend.

My husband has now left that job — he was exhausted, and after 12 years of hard work, my own business has become successful enough for me to be the main earner. He reminded his ex repeatedly over the year that this change was coming and that his income would no longer support those higher payments.

He explained that he is now available full-time: he can offer full custody, 50/50 shared care, or flexible arrangements — whatever works for the children. He will be there for school runs, sickness, doctors’ appointments, school events, and anything else they need. The only change is that he can no longer make those payments.

This has caused a huge reaction. She is angry, calling him names and saying she won’t be able to afford her home. He asked her to consider getting a job, or for her new partner to contribute financially ( he does not work either) but she has threatened to involve a solicitor — claiming that if my husband stops paying, I must cover the cost because I’m so flush.

I do not believe this is my responsibility. To keep things calm, I offered to pay the £500 per month which sis still more that what the CMS says is the correct amount, but this is still not enough for her. She won’t stop us seeing the children, as she only cares for them a few hours a day and enjoys having her evenings free with her partner.

My main worry is whether there is any legal loophole that would force my husband to keep paying that higher sum just to maintain her lifestyle?

OP posts:
donewiththistakemeaway · Today 10:34

I should make it clear that me and DH do school pick up every day. She does the morning school run every day except on the 10 days a month that the kids stay over at ours. Everyday that my DH is working he leaves for work and I have all 5 kids until 8pm and then I drop them back to their mum as there’s no way she would come and get them otherwise I have to do the school runs every morning on top of all school pick ups and clubs and all weekends

OP posts:
Loubissou · Today 10:38

I am not a legal expert, but my understanding is that your income has no bearing here. His payments should be based on his ability to pay. So she can stamp her feet and pay for a solicitor but it won't go far if it relies on you paying.

How old are the children in question? What would they like to do here? It sounds like they are probably old enough to start having their own views on where their primary residence should be or if they want to be 50:50.

HermioneWeasley · Today 10:38

The kids haven’t stopped costing money just because he’s decided to give up his job - that’s not a luxury you have when you have kids. It’s not your responsibility it’s his (or 50% he shares with their mother). Depending on what happened before they split up, if they jointly agreed that she would give up work and reduce her earning potential to be the main parent then she simply isn’t as able to cover 50% of the costs due to joint decisions.

£300 a month for 2 kids when he’s only had them 10 nights a month is laughable - he’s not a prince for paying £1500 which is the bare minimum for 2 kids to have bedrooms, water, food etc.

LaurieFairyCake · Today 10:39

No, you don’t have to pay so don’t.

donewiththistakemeaway · Today 10:42

Loubissou · Today 10:38

I am not a legal expert, but my understanding is that your income has no bearing here. His payments should be based on his ability to pay. So she can stamp her feet and pay for a solicitor but it won't go far if it relies on you paying.

How old are the children in question? What would they like to do here? It sounds like they are probably old enough to start having their own views on where their primary residence should be or if they want to be 50:50.

The kids want to stay with us full time as they have their siblings here and are used to being with us. Th egg only see their mum from 8pm -9pm Monday - Sunday.

OP posts:
Sartre · Today 10:42

You don’t have to pay obviously and unless she’s sick or disabled she should be working but I do think it’s a bit shitty of your DH to quit work and subsequently stop paying any CM at all. I realise he’s offered 50:50 child care instead but that only works if the children really want that set up.

PombearsAreLife · Today 10:43

As PP have said, your income holds no bearing here. Your husband needs to start an official claim with the CMS as soon as possible. Once the CMS have confirmed the payment no solicitor will be able to advise her anything other than that. He legally only needs to pay what the CMS calculation states but this needs to be documented officially as she is clearly not to be trusted be civil. If she hasn’t got a job I highly doubt she can afford to engage a solicitor but for the sake of the hassle it’s best to get it sorted.

Chiapotayto · Today 10:43

Do not offer to pay. I fully understand joint finances, etc, but committing yourself is a slippery slope to more and more demands from her.

Why doesn’t she work?

paleyellowbrick · Today 10:43

@HermioneWeasley
Maybe if their mother worked she would be able to pay some of their costs too.

paleyellowbrick · Today 10:45

@Sartre
If you read the op it says he told her a year ago that he would be giving up work. What he was doing workwise sounds completely unsustainable.

donewiththistakemeaway · Today 10:47

HermioneWeasley · Today 10:38

The kids haven’t stopped costing money just because he’s decided to give up his job - that’s not a luxury you have when you have kids. It’s not your responsibility it’s his (or 50% he shares with their mother). Depending on what happened before they split up, if they jointly agreed that she would give up work and reduce her earning potential to be the main parent then she simply isn’t as able to cover 50% of the costs due to joint decisions.

£300 a month for 2 kids when he’s only had them 10 nights a month is laughable - he’s not a prince for paying £1500 which is the bare minimum for 2 kids to have bedrooms, water, food etc.

Perhaps my post wasn’t clear. They only sleep her 10 nights a month which is 5 nights short of 50/50 care so I don’t think that’s laughable? Me and DH DO all school picks up Monday - Friday, take them to clubs Monday to Friday, give them tea Monday - Friday , shower here Monday - Friday and get dropped back to their mum by me as DH has left for work 3 hours prior. Every weekend we take al the kids to their clubs and they stay over if my DH is here if it’s falls on one of his days off otherwise they are dropped home at 8pm by me.

she has never worked she is in her 40s she has never ever had a job ever. She has never financially contributed in any way shape or form towards her kids ever. She does the school runs, she does not turn up to the kids sports days or parents evening etc me and DH do. We have never missed an event between us

OP posts:
donewiththistakemeaway · Today 10:49

Sartre · Today 10:42

You don’t have to pay obviously and unless she’s sick or disabled she should be working but I do think it’s a bit shitty of your DH to quit work and subsequently stop paying any CM at all. I realise he’s offered 50:50 child care instead but that only works if the children really want that set up.

Edited

He’s quit work so he can be there for all 5 children. Bit of a double standard going on if it’s fine for mothers or step mothers not to work but dads are expected to work. He wants to spend more time with his children, I don’t think that’s wrong

OP posts:
donewiththistakemeaway · Today 10:50

PombearsAreLife · Today 10:43

As PP have said, your income holds no bearing here. Your husband needs to start an official claim with the CMS as soon as possible. Once the CMS have confirmed the payment no solicitor will be able to advise her anything other than that. He legally only needs to pay what the CMS calculation states but this needs to be documented officially as she is clearly not to be trusted be civil. If she hasn’t got a job I highly doubt she can afford to engage a solicitor but for the sake of the hassle it’s best to get it sorted.

Thank you for settling my mind. She said something about being eligible for legal aid for a solicitor so naturally I’ve started spiralling

OP posts:
AnneLovesGilbert · Today 10:51

Don’t pay her a penny. Why would you voluntarily give this woman £500 a month? Can I please have some too?

hereforthelolz · Today 10:51

HermioneWeasley · Today 10:38

The kids haven’t stopped costing money just because he’s decided to give up his job - that’s not a luxury you have when you have kids. It’s not your responsibility it’s his (or 50% he shares with their mother). Depending on what happened before they split up, if they jointly agreed that she would give up work and reduce her earning potential to be the main parent then she simply isn’t as able to cover 50% of the costs due to joint decisions.

£300 a month for 2 kids when he’s only had them 10 nights a month is laughable - he’s not a prince for paying £1500 which is the bare minimum for 2 kids to have bedrooms, water, food etc.

Oh give over. The kids aren't costing the mum £1500 a month - she should also be making her own contribution to that...£3000 a month if she's contributing equally.

It doesn't matter what happened when they split. Time marches on, things change.

50/50 care is fair - they both pay for the kids on their own time. Sorted.

OP - you're responsible for nothing.

AnneLovesGilbert · Today 10:52

donewiththistakemeaway · Today 10:50

Thank you for settling my mind. She said something about being eligible for legal aid for a solicitor so naturally I’ve started spiralling

He doesn’t need to do anything. CMS would say he doesn’t owe her anything so there’s no reason for him to open a claim or anything of the sort.

ShetlandishMum · Today 10:52

Dont pay.

but of course I would like my ex to pay £1500 a month. It's more than many get from full time working...

IPM · Today 10:52

donewiththistakemeaway · Today 10:49

He’s quit work so he can be there for all 5 children. Bit of a double standard going on if it’s fine for mothers or step mothers not to work but dads are expected to work. He wants to spend more time with his children, I don’t think that’s wrong

It all sounds a bit of a shit show really.

A mother of two who won't work and now a father of five who won't work.

Not a great example to the kids.

ShetlandishMum · Today 10:55

HermioneWeasley · Today 10:38

The kids haven’t stopped costing money just because he’s decided to give up his job - that’s not a luxury you have when you have kids. It’s not your responsibility it’s his (or 50% he shares with their mother). Depending on what happened before they split up, if they jointly agreed that she would give up work and reduce her earning potential to be the main parent then she simply isn’t as able to cover 50% of the costs due to joint decisions.

£300 a month for 2 kids when he’s only had them 10 nights a month is laughable - he’s not a prince for paying £1500 which is the bare minimum for 2 kids to have bedrooms, water, food etc.

£1500? Most parents don't earn this a month and sort thing.
She has been very spoilt that mother with her ex paying her for years.

caringcarer · Today 10:56

Sartre · Today 10:42

You don’t have to pay obviously and unless she’s sick or disabled she should be working but I do think it’s a bit shitty of your DH to quit work and subsequently stop paying any CM at all. I realise he’s offered 50:50 child care instead but that only works if the children really want that set up.

Edited

OP says the CSM payment was £300 and they are now offering £500 pcm. Just not the £1500 he previously paid when CMS calculator said £300.

donewiththistakemeaway · Today 10:56

Chiapotayto · Today 10:43

Do not offer to pay. I fully understand joint finances, etc, but committing yourself is a slippery slope to more and more demands from her.

Why doesn’t she work?

No reason other than she never had to. DH paid off the mortgage on the house she lives in when they were still together from inheritance from his family. It’s just the bills she needs to cover which I don’t know how much benefits she gets but that must help plus the CMS DH has paid over the years

OP posts:
caringcarer · Today 10:57

HermioneWeasley · Today 10:38

The kids haven’t stopped costing money just because he’s decided to give up his job - that’s not a luxury you have when you have kids. It’s not your responsibility it’s his (or 50% he shares with their mother). Depending on what happened before they split up, if they jointly agreed that she would give up work and reduce her earning potential to be the main parent then she simply isn’t as able to cover 50% of the costs due to joint decisions.

£300 a month for 2 kids when he’s only had them 10 nights a month is laughable - he’s not a prince for paying £1500 which is the bare minimum for 2 kids to have bedrooms, water, food etc.

Kids don't cost that much and the biological Mum should pay equal amount towards DC. £500 pcm when CMS says £300 is generous

Stompythedinosaur · Today 11:01

It's not up to you to pay.

But I do think that a parent who optionally stops working without a care for the fact he is meant to be financially supporting his dc is a shitty dad.

And "tired from working for 12 years" is ridiculous. Most adults over the age of 30 have worked for 12 years, it's nothing to make a song and dance about.

donewiththistakemeaway · Today 11:02

IPM · Today 10:52

It all sounds a bit of a shit show really.

A mother of two who won't work and now a father of five who won't work.

Not a great example to the kids.

It’s too much 4 hours around trip every day for work. Back breaking work he does. Physically demanding. It’s his turn now to help me with all the kids and he can live a less physically demanding life and I have pressure relived off me so I have help with childcare and I can improve my career now. I’ve stood in the wings being the unpaid nanny while he made his money and while his ex did nothing and now it’s my turn to sort my life and my career and he can be there for the kids and his ex can get a job. Between his ex and her partner if they could get a part time job and make £500 a month each and I continue with the £500 then the ex would be no worse off

OP posts:
stargirl27 · Today 11:03

I'm a family solicitor. I'd be advising her, quite rightly, that CM is calculated based on your DH income. No income = no maintenance. In response to those who have commented that the reason for her not working may be that she gave up work as she had the children, if OPs DH and the ex wife have been separated for 9 years, I'd suggest the kids are old enough now for the ex to have obtained work.

Tell her to take legal advice. Your DH cannot subsidise her forever. It is not your responsibility either.