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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Ex stops paying maintenance and blames me

56 replies

Grapevinyl · 23/03/2024 07:36

My divorce was finalised towards the end of last year, after separation for about seven years. We’ve always had a basically ok post break up relationship, I thought. I have our daughter for 5 nights a week and he has her for 2. We agreed child maintenance based on the government calculator (or at least he made the calculations and I trusted him). I pay for the activities she does on the nights she’s at my house and he does the same. He pays for her phone.

Because of this, I didn’t think we needed any orders or legal agreements when the divorce was finalised. I live with a new partner and he has a girlfriend who he doesn’t live with. I don’t know what he earns but I would guess it’s double, if not three times, what I do. He has a senior role in a high profile organisation which means long hours. I arrange my work to be around when our daughter is around, and do longer days on the days she’s with him.

Our daughter is nearly 13 now and of course it’s not all being plain sailing. In year six she was struggling with mental health and went to therapy for about six months, which he paid for. And guess what - she’s nearly a teenager and sometimes she kicks off a bit - though she’s been brilliant since Christmas and is getting to know things like hormone cycles. Our relationship isn’t perfect of course but we talk a lot and try and work our way through things.

Literally the month after our divorce he emailed me to say that he was no longer going to give me any money. He blames me for being the cause of any bad behaviour and keeps making unfounded accusations about my parenting. These ‘concerns’ don’t stop him asking me to help him out when he has work or wants a weekend away or whatever.

I organised a meeting to try and work through whatever was going on. We were able to sort out some smaller stuff but he point blank refused on the maintenance. I had to get up and leave when he told me I should get a better job.

It also turned out he had all these grudges from when we had first split up about money. Basically it seems like he thinks he ‘overpaid’ in the initial years of our separation (though did he want me and her to be homeless since I couldn’t pay the mortgage on my own?) and that he’s trying to settle it up now.

I then tried to arrange mediation. At first he refused to go unless I also went to family therapy. But I don’t see therapy as a place to agree finances. Nor do I want to sit in a room with him while he tells me what a bad parent I am.

Then after we’d both done all the paperwork he decided he wouldn’t go to this mediator as it wasn’t child inclusive and he would find an alternative. Again, I don’t see why our daughter would need to be involved in a conversation about finances. (He told her we were going to mediation and she asked me why we were doing that now. Did he want me to tell her that it was because he’d stopped paying?)

He’s proposed to take over the cost of her activities instead of giving me maintenance but I don’t want that (she doesn’t eat activities….) He’s also talked about having a 4/3 split or even 50/50. I’ve made it clear I’m open to discussing alternatives. In practice I don’t really see how he’d be able to make 50/50 work with his job.

So it’s now been four months since he gave me any money and every day I worry and worry about being able to afford things. I have been burning through savings in order to cover the shortfall. I have not wanted to go to the child maintenance service because it seemed aggressive and I thought then he would really start pushing 50/50 and I wouldn’t get any money anyway. But I don’t see what alternative I have.

Is there any?

OP posts:
TinyYellow · 23/03/2024 07:40

Is there a reason you can’t go through CMS?

Octavia64 · 23/03/2024 07:40

No, not really.

He doesn't want to pay and he'll use any excuse not to.

Go to cms.

Octavia64 · 23/03/2024 07:41

Actually, just realised you were married.

Do you have a financial order from the divorce? If so you should have an asset split and maintenance should have been agreed.

Bankholidayhelp · 23/03/2024 07:45

I'd go to the CSA.

At 13 she's has a voice on how she splits her time.

If he's not wanted 50:50 before he's highly likely not to carry his threat though.

Keep a diary of how you facilitate his access (so if he's late, last minute changes etc) .

If you can (and its not detrimental to your daughter) stop being flexible in access arrangements. So don't pick up his slack.

Think you need a line/boundary drawn. Call his bluff.

Think I'd be refusing anything but court ordered family therapy/mediation .

Anameisaname · 23/03/2024 07:50

Octavia64 · 23/03/2024 07:41

Actually, just realised you were married.

Do you have a financial order from the divorce? If so you should have an asset split and maintenance should have been agreed.

This! And also just go via CMS that way it's all above board

Benjaminsniddlegrass · 23/03/2024 07:52

I'm sorry but I don't understand why you haven't put a claim in through CMS. Stop faffing around with mediation and just put a claim in for the money he legally has to pay you, it will be taken out at source and you aren't reliant on him telling you how much he earns and being honest about it. In terms of frequency of contact I would ask your DD what she would like and go from there, at 13 he doesn't get to demand 50/50 it will be what she wants and what works for her. My DH has 3 kids from previous marriage and we would have loved 50/50 (not from a financial perspective just because we wanted to have them more), but what his kids needed was one base and then to come to us, that's what gave them stability so that's what we worked with. At 13 if not already used to a 50/50 split I would be surprised if that's what she wants but let her drive the decision making.

Grapevinyl · 23/03/2024 07:55

I just felt like this was a ‘last resort’ type thing and another thing he’d use against me.

OP posts:
EarthbarsforMartians · 23/03/2024 07:56

Sounds like it’s about control. He wants to know what his maintenance money is being spent on. He’s completely unreasonable, obviously. It’s clear you use the money to contribute to housing and food costs.
How effective child maintenance services will be depends on what kind of job be has. If he is employed by a big organization it should be fairly straightforward. He could change jobs, he could max out his pension contributions, he could cut his hours. But if he’s in a industry where he will always be working for a big organization then child maintenance services will be able to force his hand. If he is very high up in a small company where he is also a big shareholder - especially if it’s a family company or if he is or could become self employed then things get murkier. It’s easier to mess around with salary vs dividends in order to reduce the amount of maintenance due.

If you think he will lose it an do everything in his power to avoid paying you money directly as maintenance, are there things or similar value you think he could be persuaded to pay instead? Activities isn’t a great example because they are a luxury that you would cut back on if you were struggling with the rent for example. But school dinners? School bus fare? School uniforms? School trips? How much maintenance should he be paying per month?

Grapevinyl · 23/03/2024 07:57

Bankholidayhelp · 23/03/2024 07:45

I'd go to the CSA.

At 13 she's has a voice on how she splits her time.

If he's not wanted 50:50 before he's highly likely not to carry his threat though.

Keep a diary of how you facilitate his access (so if he's late, last minute changes etc) .

If you can (and its not detrimental to your daughter) stop being flexible in access arrangements. So don't pick up his slack.

Think you need a line/boundary drawn. Call his bluff.

Think I'd be refusing anything but court ordered family therapy/mediation .

Thank you. I’ve always tried to be flexible just because it’s better for her, but you are right.

OP posts:
DisforDarkChocolate · 23/03/2024 08:01

Just go to CMS. If he's going to use the teen years as a reason to berate you you'd be better off doing this than allowing him ways to abuse you.

Grapevinyl · 23/03/2024 08:01

Benjaminsniddlegrass · 23/03/2024 07:52

I'm sorry but I don't understand why you haven't put a claim in through CMS. Stop faffing around with mediation and just put a claim in for the money he legally has to pay you, it will be taken out at source and you aren't reliant on him telling you how much he earns and being honest about it. In terms of frequency of contact I would ask your DD what she would like and go from there, at 13 he doesn't get to demand 50/50 it will be what she wants and what works for her. My DH has 3 kids from previous marriage and we would have loved 50/50 (not from a financial perspective just because we wanted to have them more), but what his kids needed was one base and then to come to us, that's what gave them stability so that's what we worked with. At 13 if not already used to a 50/50 split I would be surprised if that's what she wants but let her drive the decision making.

Tbh I was scared of using CMS because he’ll be angry. I thought we could be adults about it, but I’ve not been able to get anywhere in four months so you are right I should just put my big girl pants on.

I think our daughter would like 50/50, but I just don’t see that he would be able to. Like, one of the things he’s asked is that she should have her phone in her room overnight (which I am really against) because he sometimes doesn’t finish work till 9 and wants to message her then.

OP posts:
Anameisaname · 23/03/2024 08:03

He can get angry but right now he's not contributing to her needs and he should.
Getting angry at you with a teen in the mix is just going to backfire on him in any case

Grapevinyl · 23/03/2024 08:04

EarthbarsforMartians · 23/03/2024 07:56

Sounds like it’s about control. He wants to know what his maintenance money is being spent on. He’s completely unreasonable, obviously. It’s clear you use the money to contribute to housing and food costs.
How effective child maintenance services will be depends on what kind of job be has. If he is employed by a big organization it should be fairly straightforward. He could change jobs, he could max out his pension contributions, he could cut his hours. But if he’s in a industry where he will always be working for a big organization then child maintenance services will be able to force his hand. If he is very high up in a small company where he is also a big shareholder - especially if it’s a family company or if he is or could become self employed then things get murkier. It’s easier to mess around with salary vs dividends in order to reduce the amount of maintenance due.

If you think he will lose it an do everything in his power to avoid paying you money directly as maintenance, are there things or similar value you think he could be persuaded to pay instead? Activities isn’t a great example because they are a luxury that you would cut back on if you were struggling with the rent for example. But school dinners? School bus fare? School uniforms? School trips? How much maintenance should he be paying per month?

hmmm … could be part of the deal maybe? I do pay for dinners and uniform (she walks to school and trips haven’t been a thing yet).

OP posts:
Anameisaname · 23/03/2024 08:05

Sorry. Meant to add

If he wants 50 50 it's not up to you to work out How he manages it. If DD wants 50 50 and he wants it then let them do it. He will quickly work out how feasible it is. But don't solve his problems for him.
Also your house your rules, I wholeheartedly endorse no phones in bedrooms and that's just how it is at yours. His house his rules.

Grapevinyl · 23/03/2024 08:06

Anameisaname · 23/03/2024 07:50

This! And also just go via CMS that way it's all above board

We did not have an asset split - I have been naive. The mediator did say that this could be something we sorted out in mediation, as at the moment I would be able to make a claim against eg his pension (which I don’t want to do of course).

OP posts:
ChangeAgain2 · 23/03/2024 08:09

Go though CMS. So what if he's angry. I'd be angry that he's refused to pay to support his child for months.

Anameisaname · 23/03/2024 08:09

Can you afford a solicitor OP. It may be worth getting some advice but if you haven't got a financial order in place then it is time to do so.

Grapevinyl · 23/03/2024 08:10

Anameisaname · 23/03/2024 08:05

Sorry. Meant to add

If he wants 50 50 it's not up to you to work out How he manages it. If DD wants 50 50 and he wants it then let them do it. He will quickly work out how feasible it is. But don't solve his problems for him.
Also your house your rules, I wholeheartedly endorse no phones in bedrooms and that's just how it is at yours. His house his rules.

Thanks that’s true. The other thing about 50/50 of course is that it’s not going to make my mortgage any cheaper. I really hate being dependent on my current partner because my ex isn’t paying his share. (My partner has three older kids and definitely pays more than his share).

OP posts:
PaminaMozart · 23/03/2024 08:12

You absolutely need a financial order, @Grapevinyl !!

You are entitled to a share of ALL assets, including equity, pensions, other investments.

You need a good lawyer.

And file a CMS claim, obviously.

ChangeAgain2 · 23/03/2024 08:13

Also stop cutting your nose off to spite your face. You need to toughen up. You need to get every penny you are entitled too. He doesn't care a out leaving you skint. He doesn't care about impacting your co-parentimg relationships. Fuck, he doesn't care about supporting his kid. It seems that he cares about control. I'd be taking that away from him right away.

Anameisaname · 23/03/2024 08:13

Grapevinyl · 23/03/2024 08:10

Thanks that’s true. The other thing about 50/50 of course is that it’s not going to make my mortgage any cheaper. I really hate being dependent on my current partner because my ex isn’t paying his share. (My partner has three older kids and definitely pays more than his share).

That's why you need a Financial order! You may be entitled to some other money from the marriage !

Grapevinyl · 23/03/2024 08:20

ChangeAgain2 · 23/03/2024 08:09

Go though CMS. So what if he's angry. I'd be angry that he's refused to pay to support his child for months.

I really am! But it’s more like what he might do. I am worried if there will be repercussions.

OP posts:
EarthbarsforMartians · 23/03/2024 08:21

Grapevinyl · 23/03/2024 08:04

hmmm … could be part of the deal maybe? I do pay for dinners and uniform (she walks to school and trips haven’t been a thing yet).

Proper maintenance through CMS would be better for you, of course. But if you are sure he will be able to avoid paying it then considering having him pay directly for a list of significant expenses like school dinners is an option.

Grapevinyl · 23/03/2024 08:23

PaminaMozart · 23/03/2024 08:12

You absolutely need a financial order, @Grapevinyl !!

You are entitled to a share of ALL assets, including equity, pensions, other investments.

You need a good lawyer.

And file a CMS claim, obviously.

Thank you - what I read about financial orders is that you have to go to mediation first, but I tried that and obviously got nowhere so far

OP posts:
Octavia64 · 23/03/2024 08:24

When you say you are worried about the repressions....

It sounds like he is at the very least emotionally abusive.

Does he shout at you? Has he ever hurt you?

Usually if a woman is not getting a fair settlement (and you clearly are not) it is because she is afraid of an abusive husband or ex husband.