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AIBU?

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DH stoping paying CMS

500 replies

donewiththistakemeaway · Yesterday 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:
Ubertomusic · Yesterday 12:44

donewiththistakemeaway · Yesterday 12:22

The house is 100percnt hers

Edited

In her name?

Cannybeme · Yesterday 12:44

donewiththistakemeaway · Yesterday 12:23

I just told her I would pay the £500 just to keep the peace possibly a stupid mistake but I’ve said it now

Take it back. Let her scream and shout. Send her the link the this thread.

JoshLymanSwagger · Yesterday 12:48

donewiththistakemeaway · Yesterday 11:35

CMS states to pay nothing

Then pay nothing.

Why should you pay for her to sit on her lazy arse and not work?

I'd guess the 16yo and 14yo want to live full time with you? I mean, apart from sleeping a few nights under a different roof they already do really, so there wouldn't be a massive change.

Let the kids decide - I mean, they're not kids kids, they're old enough to make up their own minds about where they live.

I hope your DH enjoys his new status as "House Husband" maybe get him an apron with it printed on as a gift from the kids.. 😁

Roomonthe3rdfloor · Yesterday 12:48

HermioneWeasley · Yesterday 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.

I agree that he does still have a duty to provide financially for his children, but so does their mother she can bloody get a job if she is able to!

Stella1366 · Yesterday 12:48

HermioneWeasley · Yesterday 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 is a lot more than some families get per month. If the ex matched that then it would be an income of £3k. But she doesn't. Unsurprising that she's not happy.

Conniebygaslight · Yesterday 12:49

What does she spend the £1.5k on OP? She sounds awful

Mumof2wifeof1crazytimes · Yesterday 12:49

Not your responsibility to pay the maintenance but as father to the 2 children, he should continue working to support them. A lot of people are tired from working but carry on doing to support their dependants.

Ubertomusic · Yesterday 12:50

stargirl27 · Yesterday 11:45

I mean if the dad is represented it will cost far more than 2k. If he is not then he's just paying the court fee.

In light of the no order principle and children's age I really wouldn't suggest going straight to issuing proceedings.

The judge won't just make a decision out of nowhere, it would be based on the 14 year old's wishes and feelings (16 y/o won't come into this) which will usually be ascertained via a s7 report or similar. Which their mum would have read. So I don't think this really will assist the SC with any guilt tripping. In fact it's likely to cause them more upset as they will need to speak to professionals and mum will know the order was based on what they said to those professionals.

Your advice has been very sensible throughout the thread.
May I ask how much CAO with representation would cost, roughly?

Tillow4ever · Yesterday 12:50

I was skeptical about this thread as something doesn’t feel right, but adding in that they were never married but he signed a house he paid for, that wasn’t even hers to start with, to her without legally setting it up correctly so his kids inherit it sounds wrong. Like someone else said too, if CMS calculated £300 to pay, how much is his salary if he was paying 5 times that?

I’m hoping you’ve changed details for anonymity. But if you haven’t and this is true, your husband is a mug.

CitizenZ · Yesterday 12:51

No wonder she's fuming, she's been on a fantastic little earner! Let her get off her lazy backside and get a job. You haven't been paying all that money for the kids, you've been paying for her and her cocklodger

JoshLymanSwagger · Yesterday 12:53

donewiththistakemeaway · Yesterday 12:23

I just told her I would pay the £500 just to keep the peace possibly a stupid mistake but I’ve said it now

You can change your mind.

Just tell her you got the decimal point in the wrong place and send her a fiver.

Halo
ThreadGuardDog · Yesterday 12:54

Sartre · Yesterday 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 has stated that the children want to be with them full time - which her DH has offered. When you add in the fact that OP and her DH do the evening school runs and have the children every evening up until 8pm it seems mum has very little input. Money seems to be the driver.

Username87654 · Yesterday 12:54

I dont understand why you were giving her so much maintenance to begin with?
She has no rent/mortgage, doesn't have to feed her children or pay for clubs, activities, uniform. Is she claiming benefits as well ?

stargirl27 · Yesterday 12:55

Ubertomusic · Yesterday 12:50

Your advice has been very sensible throughout the thread.
May I ask how much CAO with representation would cost, roughly?

Really depends on your solicitor's hourly rate. I would say for a straightforward application, about £10-15k if you settle at the dispute resolution appointment (often the second hearing, where you will have the benefit of a s7 report or equivalent), or if you go to a final hearing maybe £15-20k. If there are more hearings, a fact-finding hearing, or other complicating factors, this will increase.

NerdyBird · Yesterday 12:55

I wonder if she is actually getting much UC? If the house is verifiably in her name it would count as an asset surely, so she wouldn’t get anything towards rent as there is none. If her partner lives there she won’t get the council tax discount for a single adult. So I wonder if the £1500 is the bulk of her income and that’s making her angrier?

It sounds like OP’s DH has been generous if rather short-sighted around the property aspect. Now he is taking a turn at being the at-home parent while OP works more. Sounds fine to me, lots of people share finances and childcare by taking turns working or staying home. Having paid for 9 years it doesn’t sound to me like he is doing it to get out of paying for his kids. Who knows, perhaps he’ll find part-time work after a bit (don’t know how old he is) just like many mums who stay home do.

In any case, I would not offer the children’s mum £500.

Ubertomusic · Yesterday 12:56

KaleidoscopeSmile · Yesterday 11:49

Another woman on here slagging off her DH's crazy, lazy previous partner and her feckless unemployed boyfriend. Talk about the "Script". There's a Script for everything on MN and OP's is as predictable as all the rest.

Oh but the good people of MN do enjoy a good old hate campaign. Costs them nothing to indulge in.

TealDoors · Yesterday 12:57

Tillow4ever · Yesterday 12:50

I was skeptical about this thread as something doesn’t feel right, but adding in that they were never married but he signed a house he paid for, that wasn’t even hers to start with, to her without legally setting it up correctly so his kids inherit it sounds wrong. Like someone else said too, if CMS calculated £300 to pay, how much is his salary if he was paying 5 times that?

I’m hoping you’ve changed details for anonymity. But if you haven’t and this is true, your husband is a mug.

Agreed.

If he has them ten overnights a month as per the OP, that’s 2-3 nights a week. Using the CMS calculator that’d mean he’s on about 40k.

Take home salary on 40k would be about £2600. So he’s giving well over half his income to his ex, leaving only £1100 to pay for his share of household costs for him, his long commute, the SC and his share of his other three kids’ costs, all the SC’s clubs, uniforms, and everything else?

Either OP has been a complete mug for subsidising this, or there’s other factors like his inheritance was so big it’s also paid for a mansion for him and OP too, or it isn’t true.

ThreadGuardDog · Yesterday 12:58

Mumof2wifeof1crazytimes · Yesterday 12:49

Not your responsibility to pay the maintenance but as father to the 2 children, he should continue working to support them. A lot of people are tired from working but carry on doing to support their dependants.

He should be paying what the CMS have told him to pay and no more. By paying five times that he’s enabled their mother to have a nice life without working. Now she’ll have to get off her backside and work to support her kids, just as he has. And he is supporting his children - he’s offered 50/50 or full custody - mum doesn’t want that. She wants the money. Says it all really.

stargirl27 · Yesterday 12:59

Housebashing · Yesterday 12:41

Verbal commitments are enforceable bylaw as well

Not when it comes to legal ownership of a property.

Ubertomusic · Yesterday 12:59

Luckydog7 · Yesterday 11:52

As a starting point why not say that the days you normally drop them at mums for bedtime you just keep them at yours overnight.

This keeps the routine almost identical but reduces the faffing/drop offs and you actually get the legal credit for all the care you provide.

Ex can keep the weekends she currently does.

If you offer this to the kids it might be easiest as from their perspective they will be seeing their mum almost exactly the same amount and you can explain this if they feel guilty about leaving her.

It will make any complains from her about not seeing them seem utterly irrational.

Mmmmm... explaining alienating children, isn't that nice.

ThreadGuardDog · Yesterday 13:00

NerdyBird · Yesterday 12:55

I wonder if she is actually getting much UC? If the house is verifiably in her name it would count as an asset surely, so she wouldn’t get anything towards rent as there is none. If her partner lives there she won’t get the council tax discount for a single adult. So I wonder if the £1500 is the bulk of her income and that’s making her angrier?

It sounds like OP’s DH has been generous if rather short-sighted around the property aspect. Now he is taking a turn at being the at-home parent while OP works more. Sounds fine to me, lots of people share finances and childcare by taking turns working or staying home. Having paid for 9 years it doesn’t sound to me like he is doing it to get out of paying for his kids. Who knows, perhaps he’ll find part-time work after a bit (don’t know how old he is) just like many mums who stay home do.

In any case, I would not offer the children’s mum £500.

If neither mum nor her partner are working, they will likely be claiming benefits. It’s my understanding that child maintenance payments are not counted as income for benefits like UC, so it would be disregarded. So help would be given with things like council tax. Obviously there is no rent, so nothing would be payable in that respect anyway.

JoshLymanSwagger · Yesterday 13:00

PeppySloth · Yesterday 12:39

So…
SHE get the children up and takes them to school.
YOU pick them up from school
YOU give them tea
YOU take them to their clubs
YOU attend all parents eve/parent things for the children
YOU shower/bath them
YOU drop them off at 8pm
SHE has them for an hour and puts them to bed

YOU both work
HER and her partner DONT work, have no mortgage

I expect you pay for trips/school uniform etc going by what you’ve said.

and YOU owe them money?????

Agreed, but at 14 and 16, I doubt there's much "putting to bed" going on. More likely a shrug as they ignore her and go to their rooms.

Ubertomusic · Yesterday 13:01

DaringlyDizzy · Yesterday 11:54

ONLY on NM can a father have the kids 40% of the time, do all school runs and main care, see them everyday, pay the ex 5 times as much as he should, leave her a house and more and yet be flamed. No hope out there!

Only on MN can people 100% believe that one side are complete angels shining in the darkness of life, and the other side is utter shit 😁

Trumptontown · Yesterday 13:01

NerdyBird · Yesterday 12:55

I wonder if she is actually getting much UC? If the house is verifiably in her name it would count as an asset surely, so she wouldn’t get anything towards rent as there is none. If her partner lives there she won’t get the council tax discount for a single adult. So I wonder if the £1500 is the bulk of her income and that’s making her angrier?

It sounds like OP’s DH has been generous if rather short-sighted around the property aspect. Now he is taking a turn at being the at-home parent while OP works more. Sounds fine to me, lots of people share finances and childcare by taking turns working or staying home. Having paid for 9 years it doesn’t sound to me like he is doing it to get out of paying for his kids. Who knows, perhaps he’ll find part-time work after a bit (don’t know how old he is) just like many mums who stay home do.

In any case, I would not offer the children’s mum £500.

The house won’t count as an asset for UC purposes because she’s living in it.

Eightfor15 · Yesterday 13:05

MrTiddlesTheCat · Yesterday 11:59

YANBU for not paying yourself. YABU for enabling your DH in financially abandoning his children. No wonder she's angry.

Who educationally abandoned you? Because your level of comprehension is that of a toddler. How anyone can read the OPs posts and think that he's neglecting his children is beyond me.

I hope you don't have children yourself, because it's fucking frightening that stupid people procreate.