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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

DH stoping paying CMS

484 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:
Beamsss · Today 11:29

BrownBookshelf · Today 11:27

Not sure some people have noticed that she got a year's warning of this. That's actually rather a lot, certainly enough to have sorted herself out with an NMW role unless there's something OPs not telling us.

He could've fallen under a bus at any point during the last 12 years, as we all could. There has never been any guarantee this income would continue.

Presumably as a good father he'd have insurance so his children would still be provided for though? I know, not a chance in hell this man has.

PropertyD · Today 11:30

I am going to be harsh here and say there are a lot of children in all of this and lots of adults choosing not to work. Just because his previous work was tough doesnt mean he retires!

There are other roles...

donewiththistakemeaway · Today 11:30

thepariscrimefiles · Today 11:26

So your DH gave his former family home, which is fully paid for due to his inheritance, to his ex-wife? That was extremely generous of him. His ex-wife is being ridiculous, lazy and greedy.

It was his home that he had a mortgage on when he met her. She moved in and they had kids. They did not marry. He then got inheritance which he paid the mortgage off the home with. About 2 years later they broke up but he told her she can have the house because of the kids

OP posts:
Luckydog7 · Today 11:31

Beamsss · Today 11:29

Presumably as a good father he'd have insurance so his children would still be provided for though? I know, not a chance in hell this man has.

Have you read the posts? Op and her DH have been providing majority care while also paying several time more then they legally needing to to the ex.

Rockyroad1992 · Today 11:31

I think you are being ridiculously generous to offer her £500, I wouldn’t be handing over a penny. That £500 should be going towards your own children, she get can get off her lazy arse and get a job. She doesn’t have a leg to stand on. Please don’t give her any money! From what you have said it sounds like the children are basically with you full time anyway.

stargirl27 · Today 11:31

donewiththistakemeaway · Today 11:30

It was his home that he had a mortgage on when he met her. She moved in and they had kids. They did not marry. He then got inheritance which he paid the mortgage off the home with. About 2 years later they broke up but he told her she can have the house because of the kids

This is actually a crazy thing to do. He has literally just handed her a house. Is it in her name or his? Does she have to leave when the youngest turns 18 (as would be the norm in this kind of scenario)?

LovingTelescopes · Today 11:32

donewiththistakemeaway · Today 11:02

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

If he was told to pay her £300, then give her that and tell her she is lucky to have it. Don't tell her that it's coming from you.

If she kicks up, let him tell her he will be coming for her child benefit or going back to the CMS. Shout a bit louder and a bit more threatening than her, whether the threats have substance or not it will change the mood music.

Don't feel guilty and don't give her anything by the back door either-so, if you buy them, for example, new clothes, keep them at your house.

MajorProcrastination · Today 11:33

donewiththistakemeaway · Today 11:25

Yeah so basically Monday - Sunday I have the kids until 8pm and then drop them back to their mums except for 10 nights a month when the kids stay over instead of being dropped back as my DH is home. But we do all clubs etc Monday-Sunday. She has the kids 8-9pm Monday - Sunday except on the 10 nights we have then she doesn’t see them at all and she does the school runs in the morning only except on the 10 nights a month where we do the school runs in the morning asleep as all school runs every day regardless if it’s our days or not

So you've effectively been raising 5 kids, 2 of whose bedrooms happen to be in another house. I've just been told that the youngest is 14 so it wouldn't even be that many years until one then both of them turn 18 and his payments stopped anyway. My husband stopped once my step child got a full time job and had the conversation with the mum and child about the change - he still pays for things like driving lessons, holidays, clothes etc but the household bills are to be split between the two full time working adults living in that house. What's this woman been thinking she'd do when her kids turn 18?! Finally get a job in her 40s? 50s? I just don't get the mindset.

Congrats on the success of your own job and business by the way!

PropertyD · Today 11:33

And the ex is a lazy moo as is her partner. The sooner a government gets to grip with these skivers the better.

JuliaRobHurts · Today 11:33

I wouldn't give her a penny and leave DH to provide whatever new payment he technically has to give. I seriously doubt much of the £1500 is being spent on those children. So it's not like they will miss out.. More likely she's using it to fund her and her lazy new partners lifestyle. They're with you such a significant amount of time that she will barely have to cook them a meal for them anyway.

Unexpectedlysinglemum · Today 11:34

Have they done their financial order for their divorce? If not she can come for spousal maintenance as she’s not remarried

JHound · Today 11:34

Don’t offer £500. Just do it through CMS and pay what is stated.

If she has an issue she and her partner can actually get a job.

Unexpectedlysinglemum · Today 11:34

JuliaRobHurts · Today 11:33

I wouldn't give her a penny and leave DH to provide whatever new payment he technically has to give. I seriously doubt much of the £1500 is being spent on those children. So it's not like they will miss out.. More likely she's using it to fund her and her lazy new partners lifestyle. They're with you such a significant amount of time that she will barely have to cook them a meal for them anyway.

I’m sure it’s paying towards the home
that the children sleep in most evenings

donewiththistakemeaway · Today 11:34

PropertyD · Today 11:30

I am going to be harsh here and say there are a lot of children in all of this and lots of adults choosing not to work. Just because his previous work was tough doesnt mean he retires!

There are other roles...

I see what you’re saying but I need to further my business. I’ve done my part as the child carer, he’s done his making the money, his ex has not done a thing she doesn’t even go to parents evening as ‘it’s not for her’. I need help with childcare so he is doing that now and being there for his kids. He’s worked 30 years in a manual job, his back isn’t what it used to be. He’s worked and done his part now he will be a stay at home parent while I get my chance at a being the bread winner. Can’t see why his ex can’t get a job. She is in her 40s and never even worked part time. It’s sad really what example that is setting. The kids want their dad here with them everyday and that’s what they deserve

OP posts:
donewiththistakemeaway · Today 11:35

JHound · Today 11:34

Don’t offer £500. Just do it through CMS and pay what is stated.

If she has an issue she and her partner can actually get a job.

CMS states to pay nothing

OP posts:
Namechangeforthisdilemma1 · Today 11:35

donewiththistakemeaway · Today 11:30

It was his home that he had a mortgage on when he met her. She moved in and they had kids. They did not marry. He then got inheritance which he paid the mortgage off the home with. About 2 years later they broke up but he told her she can have the house because of the kids

He has been a mug! Is it in her name?!

Brunchatstephanies · Today 11:35

This one is not black and white.

I personally believe CMS should be set at a much higher rate like they do in the US. It should be deducted from income and people refusing to pay should be imprisoned like they do in the US. Also the money should follow the children and their expenses, childcare, housing food £1500 would barely scratch the surface.

50/50 is a shit arrangement for children unless their home is the home that they stay in and the adult's shuffle around which is starting to gain a little bit of traction, all the moving around is so disorienting for young children.

However this situation is much more nuanced. She is being an asshole and needs to get a job too but your asshole DH should not quit his job either. You have children, you have a lifetime commitment to them.

donewiththistakemeaway · Today 11:35

Unexpectedlysinglemum · Today 11:34

Have they done their financial order for their divorce? If not she can come for spousal maintenance as she’s not remarried

They were never married

OP posts:
TealDoors · Today 11:35

stargirl27 · Today 11:26

I'm not sure since (a) I'd imagine ex will dispute those are the current arrangements and won't want them formalised given it will jeopardise her CM claim etc. and (b) any money received from child benefit will likely not be worth it given legal fees (if DH is represented) and also mental strain of court proceedings. I definitely wouldn't suggest DH issues proceedings at this stage.

I think the guilt tripping will likely take place regardless.

At the moment, you get a £500 voucher to cover mediation. The ex doesn’t have a leg to stand on so regardless of whether she qualifies for legal aid, if the SC want to live with OP, the CAO would be approved.

Getting a CAO through won’t cost more than 2k. As OP and her husband have had enough spare cash to give away £1.2k a month for nine years, I’d consider that small fry to get it documented, personally.

It’s emotionally easier for the SC to say “this is what the judge decided” than to repeatedly have to tell their mum they don’t want to live with her.

ToiletKaren · Today 11:36

I am not in the situation, but does CMS say the "correct" amount or the "minimum" amount?

OnlyMabelInTheBuilding · Today 11:36

You are not liable for a penny, DH’s ex (also never worked) tried this.

donewiththistakemeaway · Today 11:36

JuliaRobHurts · Today 11:33

I wouldn't give her a penny and leave DH to provide whatever new payment he technically has to give. I seriously doubt much of the £1500 is being spent on those children. So it's not like they will miss out.. More likely she's using it to fund her and her lazy new partners lifestyle. They're with you such a significant amount of time that she will barely have to cook them a meal for them anyway.

She doesn’t cook any meals for them as she doesn’t cook and they have tea here 7/7 days a week

OP posts:
Theyreeatingthedogs · Today 11:36

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.

Really?????

You have no idea how old or in what health the OPs DH is. He want's to be a SAHD to his 5 kids while the OP runs her business.

His ex is a lazy money grabber.

His older kids would be much better off full time with their Dad.

The only shitshow is the ex.

IPM · Today 11:37

donewiththistakemeaway · Today 11:34

I see what you’re saying but I need to further my business. I’ve done my part as the child carer, he’s done his making the money, his ex has not done a thing she doesn’t even go to parents evening as ‘it’s not for her’. I need help with childcare so he is doing that now and being there for his kids. He’s worked 30 years in a manual job, his back isn’t what it used to be. He’s worked and done his part now he will be a stay at home parent while I get my chance at a being the bread winner. Can’t see why his ex can’t get a job. She is in her 40s and never even worked part time. It’s sad really what example that is setting. The kids want their dad here with them everyday and that’s what they deserve

But he's fathered 5 kids and decided to put his feet up early.

Regardless of what his lazy ex is like, his 5 kids now don't have a working parent.

Is that the example he wants to set?

How old are the kids and what's wrong with working part-time in a non physical job?

ETA: 2 of his 5 kids don't have a working parent.

TealDoors · Today 11:37

Brunchatstephanies · Today 11:35

This one is not black and white.

I personally believe CMS should be set at a much higher rate like they do in the US. It should be deducted from income and people refusing to pay should be imprisoned like they do in the US. Also the money should follow the children and their expenses, childcare, housing food £1500 would barely scratch the surface.

50/50 is a shit arrangement for children unless their home is the home that they stay in and the adult's shuffle around which is starting to gain a little bit of traction, all the moving around is so disorienting for young children.

However this situation is much more nuanced. She is being an asshole and needs to get a job too but your asshole DH should not quit his job either. You have children, you have a lifetime commitment to them.

Edited

Only on Mumsnet would a father be called an asshole for offering to pay over the CMS mandated amount.