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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Ex-wife and maintenence

14 replies

walkingfootball · 18/05/2010 11:40

I want to see the opinions of others in this situation.

The basic question is should DH pay his ex a living wage for the country she's in, or the % of his salary she would be entitled to from the courts in our country of origin/ this country, or something in between.

My ex and I come from another country where the average take-home wage is around £120 a month. We send his ex-wife and 2 kids £150 month. She has recently visited england and found out the difference in salaries and is now saying she will go to court to get the 50% of his salary she is entitled to (under the law of other country). Here his wage is spot on average, there 50% of it would be a HUGE amount and equal a VERY high standard of living. Morally do you think he should give her the amount she needs, or the % of his salary under the law of that country she would be entitled to if they lived there.

Background:

She has never worked, except illegally in Britain, this is a choice. We know from others in the village there is work. With her skills level she would probably take home around £80 a month (the same as my sister does). It's not worth it to her to work for this amount as we send plenty for living costs. The house has no mortgage for example.

She is rather self-serving with her money, e.g. using large chunks on plane tickets for herself to come to England to work illegally for months at a time (leaving kids with gp) or simply having more luxuries for herself. I found out this was causing the kids to go without, and she got them to phone me/ dh with tales of woe of how they were dressed and what they didn't have. She made them ask for more money. I really like the kids, in fact I'd be happy to live with them (will one day, but not practical now)but I knew that more money to her didn't necessarily mean it would be better for them. So, I started sending 3/4 big bags a year of things like clothing/ toothbrushes/ school books/ games etc. that they ask for. They are mature and able to give me lists of what they need e.g. for a summer wardrobe. I also tell them to ring for certain things, I pay music tuition, dentist bills, medical fees etc. I stepped in to do this as DH and ex argued so much kids often went without as it blocked communication. The kids seem to find it easier to ask me as I've never got involved in any arguments, plus it's a joint account anyway and as a female I'm seemingly better at buying for/ understanding two teenage/ pre-teen girls than dh. I'm better at choosing fit/ fashionable styles/ underwear than when dh has tried. Girls seem happier with this arrangement as clothes quality and ranges are much better than back at home and they end up getting more (Primark rocks!).

I personally feel the main reason she wants £ is to set herself up for the future. Both children want to come here for uni and if I'm supporting them through that I see no reason to still send her £ (it has been 11 yrs since the split, she has had time to sort herself out, no childcare issues plus owns house etc). She is quite absusive and in the 11yrs have never heard her say anything except screamed abuse. When they split dh was a penniless student in debt, his only assest was a car, which he gave he. IT's only been during the ast 6 years in England he has earned a wage of this level, he has always sent money though without fail and for some time also brought the girls up alone, until it was agreed they would go back to her village for education/ extended family issues. We only cleared the debt he got into supporting the family one year into our marriage. There was no cheating wtc., simply two people who could not get on.

This is only a moral question. Legally even if she did go to court the court has no jurisdiction in the UK plus she can't actually from this country find out about our financies. I want my sdd's to have opportunities the same as my two children, and I don't see how providing them with a wage many times larger than anyone else is the same as the opportunities my ds get. THey dress in clothes from the same shops etc. and I will ensure they have equal support should they want to continue their education/ persue dreams. If I haven't made it clear, I really care for step daughters and should either of them make the decision that one day they want to live here I will support them in doing so. However for now they have friends/ family back home and an excellent education, if they were to move now I feel the language barrier and new school system would seriously hamper their chances of getting top grades (which they are getting). The house would be seriously overcrowded too. Also the standard of education they recieve is frankly much better than they would revieve where we live! If they really wanted to live here I'd find a way, but they are happy with their mother generally (usual ups and downs).

OP posts:
HecateQueenOfWitches · 18/05/2010 11:45

I think that he should give her in cash what the CSA would have awarded her if she had been living here, and if it's affordable, I think the paying directly medical bills etc or some part of them is the responsible thing to do.

You sound like good, responsible people trying to work out something reasonable.

Downdog · 18/05/2010 11:50

Morally ..... he should pay what he can to ensure his kids have a good life & it sounds as if he is doing that.

Any extra your OH may want to contribute could be paid into an account for each of his D's so they have a little put aside for when they are older & want to go to uni/training/travel etc. Mum couldn't get her hands on that.

caramelwaffle · 18/05/2010 11:55

What Downdog said ^

MoonFaceMama · 18/05/2010 12:03

What downdog said. Also congratulations on bfing the most reasonable level headed and generous poster i think i've ever seen on aibu! You are a very caring stepmother. Don't let her take advantage of this.

MoonFaceMama · 18/05/2010 12:04

Argh! Ment being not breastfeeding!

walkingfootball · 18/05/2010 12:07

Oh downdog, I forgot to mention that. Around 5 yrs ago we set up an account for each of them with a direct debit of £60 a month going into each. It will be a surprise when needed. Also should they chose to remain there we will leave whoever does the house we own in the village (also a surprise), the £ it's worth is very little here but a huge thing to anyone living there. If none of them stay we will give in to my neice.

thank you Moon face, it's had to judge when you have years of someone ranting at you that you are unreasonable!

OP posts:
Downdog · 18/05/2010 17:00

I had a lovely relationship with my stepmother which I still value very highly today (even though she has been apart from my Dad for about 7 years now) - sounds like you are doing great by these girls. You will be very important to them too I am sure.

butterscotch · 18/05/2010 17:09

I'd carry on as you are, or give them an allowance directly through one of your relatives back home... that way they get some disposable income! She can't get to easily!

nighbynight · 18/05/2010 17:15

I think downdog's got it right. It sounds as though you are doing the right thing.

gillybean2 · 18/05/2010 17:23

You can calculate what the CSA would say was a reasonable amount here:
secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

Given that you have dc at home who he is supporting it will be a lot less than the 50% she is hoping for.

Is the amount the calculator site gives you similar to what you/he is paying when you factor in the clothes, extra lessons etc?

BTW you can also apply to vary the calculation if you can show there are considerable expenses in keeping contact with dc's living a considerable distance away/abroad - travel, phone calls, postage costs etc. Something else to factor in should she decide to be difficult.

You haven't said what the country is, but if it's one of those covered by REMO she could easily get the CSA calculated amount if she decided to go that route.

www.officialsolicitor.gov.uk/os/remo.htm

walkingfootball · 19/05/2010 08:29

It's not a country covered by REMO.

I have compared to the CSA amount, it is less. It would be roughly the same though if you counted in what we (secretly) put in bank accounts for them.

I would be reluctant to hand over the CSA amount (roughly £240) straight to her for a few reasons.

On this amount they would be by far the richest in the village (as I said in comparision my sister works in the BMW factory for £80 a month). She also has no significant outgoings, e.g. mortgage/rent, which would further add to her wealth. I must admit I resent her living like a queen whilst we and the extended family live very averagely (e.g. we have a inner city 2 bed flat, she has acres of land/ smart house etc).

I don't thing it actually helps the girls in the long run to live in a household with an unsustainable way of living. THere was upset a few years back when dh found them, particularly the younger, were just communicated for money, quite rudely too. It was resolved but it's not nice if they just see daddy as a cashpoint. They are already very well dressed and provided for. If they make there own way in the world there they are in for disappointment as their wages will be around a third of what they are used to a household income being. If they come here they will be disappointed to join us in an over-crowded flat on a finite budget. I don't think giving too much i setting them up well for the real world. I am though happy to put extra in a bank account for them when they're older.

Lastly, I don't feel confident at all that extra money to her goes to the kids. When we were first here we couldn't afford to travel back for 1.5 years for visa reasons, when we did get back I was SHOCKED at the state of the kids. CLothes were too small, teeth in a bad state etc., we sen a bit less back then (as we were struggling) but it was enough to dress and feed the kids well (she also at this time had her father/mother/bf in the house earning).

Before anyone calls me tight for not handing over the full amount that the CSA would, we also support/ semi-support a number of other extended family members in financial dfficulty back home (SIL, sister, neice, grandmother, parents, brother and wife). We do have a finite budget! She has stated that if we were to move back she'd have half his income, what she doesn't appreciate is that this would be around £60 a month! Also we can't move back/ be persued under the laws of home country anyway as we took British Citizenship. We lived in a country which doesn't recognise dual nationality so doing this revoked our previous nationality.

OP posts:
walkingfootball · 19/05/2010 08:32

I did send to other realatives butterscotch but relations are so bad this caused untold number of arguments. She refused in the end to take anyting off them. To be honest it's both sides at fault, they REALLY hat each other. (If you're wondering dh and ex never lived together, a one night stand at 16 conceived sd1, followed by shotgun marriage, sd2 followed 2 years later on a visit home from uni. They never had a relationship or got on, it just went from bad to worse until the hatred became consuming. I know this is relevant, but it might go some way to explaining the situation)

OP posts:
gillybean2 · 19/05/2010 19:14

I assume you travel to visit them and they visit you sometimes too? Also you probably have phone bills and postage etc associated with keeping in touch. These costs can be taken into account in the CSA calculation as a variation. So I would say that it sounds like you are probably paying about the right amount if you include these additional costs.
Have a look here...

www.csa.gov.uk/en/setup/other-financial-commitments.asp

Missus84 · 19/05/2010 19:23

It sounds like you're behaving sensibly given the current financial situation. Does the ex-wife understand that if you moved back and she got 50% it would be half what she gets now?

If your DH is providing his children with a good standard of living, and putting aside some savings for them, then I think you're doing all you should be.

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