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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:
ChangeAgain2 · 23/03/2024 08:24

Grapevinyl · 23/03/2024 08:20

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

Was he abusive in the relationship? What repercussions do you envisage? He needs to support his child. It's his obligation. You need to ensure that you get everything you're entitled to so you can support your child. That is your obligation as well as providing yourself. He doesn't get to withhold CM and not give you anything from your marriage. You need to fight for what you're entitled to. Get a good solicitor.

11NigelTufnel · 23/03/2024 08:25

But what repercussions, he is already paying you nothing? You are letting him control you still. Remind yourself that you managed your career around childcare so that he could go off and earn more. Get things sorted properly through legal channels then there is no more arguing. Please stop being scared of this man and allow yourself to move on.

Grapevinyl · 23/03/2024 08:27

EarthbarsforMartians · 23/03/2024 08:21

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.

Thank you - I don’t think he would be able to avoid by like, hiding income or whatever, he just works straightforwardly for a big company, it’s more like, he would then demand more time to avoid paying it altogether

OP posts:
MrsElijahMikaelson1 · 23/03/2024 08:32

Don’t be scared. Fight for what you and your daughter are owed. Get that financial order sorted. And go to CMS.

Grapevinyl · 23/03/2024 08:33

11NigelTufnel · 23/03/2024 08:25

But what repercussions, he is already paying you nothing? You are letting him control you still. Remind yourself that you managed your career around childcare so that he could go off and earn more. Get things sorted properly through legal channels then there is no more arguing. Please stop being scared of this man and allow yourself to move on.

So for example, earlier this year he said he was going to keep her at his house and not let her come back to mine as is our usual plan. My sister is a social worker and i asked if there was anything I could do about this and she said basically no. So it’s that kind of thing. Would he just start being even more directing and telling me what is going to happen.

Honestly as I am writing this I can’t believe how pathetic and weak I am.

OP posts:
MrsElijahMikaelson1 · 23/03/2024 08:37

He might demand more time to avoid CMS but that doesn’t stop you getting fund from him for the financial order. You will be awarded some of his pension/assets etc.

I’m surprised whoever handled your divorce didn’t go through that with you. Your divorce isn’t truly over without the financial order and now you can go after more. There are loads of tales on here of 2nd wives worried about losing their home as ex wives suddenly find out about financial orders not being done.

MrsElijahMikaelson1 · 23/03/2024 08:38

And he’s an abusive controlling cunt

EarthbarsforMartians · 23/03/2024 08:51

If he does want 50/50 and your daughter would like that too, then you can still ask him to contribute more to school dinners, trips, uniform, activities etc.

Theeyeballsinthesky · 23/03/2024 09:01

Honestly stop making life so hard for yourself, go through CMS, stop letting this cunt control your life

So for example, earlier this year he said he was going to keep her at his house and not let her come back to mine as is our usual plan. My sister is a social worker and i asked if there was anything I could do about this and she said basically no.

As for what your sister said did you ask her to qualify that opinion? As you have not formalised legal arrangements but done it all through mediation my assumption would be legally you have nothing to fall back on so no he couldn’t be forced which means you need to have it all formally legally agreed rather than just giving into him x

Obeast · 23/03/2024 09:02

She's 13, so his 'threat' to parent her more is irrelevant, she is free to walk out the door whenever she wants. Sort out the financial order, set up CMS and stop allowing your child and yourself to be robbed.
His words are not your problem. You can easily block his number and only communicate via a parenting app.

GrumpyPanda · 23/03/2024 09:08

Grapevinyl · 23/03/2024 08:06

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).

That's incredibly naive. Presumably you facilitated his career and thus, his current salary and pension, by taking on more than your share of childcare and overall domestic load. Why should he be the sole beneficiary?

LaurieFairyCake · 23/03/2024 09:24

Just stop talking to him at all

Claim CMS

If he keeps her, ignore it and pick her up from school the next time she's there. And don't let her go again until a court date.

LatteLady · 23/03/2024 09:59

OP, just go down the CMS route, I have always viewed this as a neutral act, it sets out what he needs to pay. Also walking away with nothing does you or your children no favours, part of the reason that he has been able to progress is because you picked up the slack. These payments are not a punishment for him but merely a monetary recognition of your contribution to the family and your continued contribution.

HollyKnight · 23/03/2024 11:10

Like others have said, just go for CM. Even if he does ask for 50/50, you're not going to be financially any worse off than you are now. In fact, he might still have to pay you CM (if you are who the child benefit is registered to) plus you'll save money because she'll not be eating as much at your house or doing activities as often. Get everything done officially. Get a financial settlement sorted too. Then have nothing more to do with him.

AutumnBride · 23/03/2024 12:19

My experience of CMS when my ex suddenly stopped paying was very positive.

It cost £20 fee, I filled in a form with as much information as I had (best guess at his address) and within a week he was on the phone complaining he'd had a letter and I'd made him feel like a criminal but also offering to put a standing order back in place if I called them off.

I gather he had phone CMS first and got a very direct response.

They won't backdate so you really need to do it straight away.

MrsPerfect12 · 23/03/2024 12:27

Get that stake in the pension sorted too. Can you apply for residency of your child so if he refused to hand her back you have some recourse?

piegirl74 · 23/03/2024 13:33

Please don't be too nice in this scenario. Firstly your daughter is a typical teenager. His blaming you for her 'behaviour' makes it seem like she's doing something wrong. She's a NORMAL teenage girl navigating two homes. By the way, if parents want to have a good relationship with their children that's on them... Not the children.

You are entitled to more than you realise. Please just go and speak to a divorce lawyer to discuss what you did when you split and what you took and he took, etc. Then listen to them. Why not get a share of his pension? Are you going to be OK in retirement? Because he will be very OK. Did he continue to pay towards our state pension at least while you were raising his and your child?

Unfortunately, he's not playing nice so why the bloody hell should you? You go and get what you are entitled to and not a penny less. Start by getting a solicitor to ask him for a copy of his Form P60. This will tell you his annual salary. I bet you'll find he's been diddling you for years on child maintenance.

AutumnBride · 23/03/2024 18:37

Have you had your decree absolute ? How did you get that without a consent order?

Mumof3confused · 24/03/2024 03:26

His pension was built up by paying in family money during your relationship. You absolutely need to claim your share. Do you have a pension pot as big as his? If not, it would be madness to pass up on your share of his.

Pinkbonbon · 24/03/2024 03:52

Regarding him 'keeping' her: at 13 she could just go to school and leave and come home to you. Its not like he can lock her up.

Pretty sure if she called the police and said her dad was being abusive, he'd be in the shit too.

Tbh id tell her about his threats. She's old enough to have the right to protect herself from someone like him. If my dad threatened to steal me away from my mum at 13, I'd want to know. Id also never want to meet him privately again. And rightly so. He's an evil bastard.

THisbackwithavengeance · 24/03/2024 03:57

Come on OP. The man is taking the piss. He should be kissing your feet with gratitude for not having taken him to the cleaners at the time of your divorce and yet here he is refusing to pay for his own daughter.

Just no. He is being outrageously unfair.

ZombieBoob · 24/03/2024 05:04

Go to court and get a lives with order then he can't just keep her without going back to court.

RedHelenB · 24/03/2024 06:57

If dd wants 50/50 then that's what should happen. She's 13, old enough to be left alone around her dads work as long as it's not overnight. And up to dad to decide rules in his house, including whether she has a phone in her bedroom overnight, my dc did.

CandidHedgehog · 24/03/2024 07:39

GrumpyPanda · 23/03/2024 09:08

That's incredibly naive. Presumably you facilitated his career and thus, his current salary and pension, by taking on more than your share of childcare and overall domestic load. Why should he be the sole beneficiary?

This. Why is failing to get your fair share of the marital assets ‘of course’? If you worked shorter hours to facilitate childcare or took maternity leave or took a less well paying job for child / family related reasons, you damaged your career to benefit the family. You are entitled to a share of the assets your ex built up as a result. Usually the pension is either the biggest or one of the two biggest (the other is the house) family assets.

If you don’t claim on his pension, you should get a much bigger chunk of the house equity to make up for it.

Let me guess, it’s your ex who has persuaded you not to claim on his pension.

You definitely need to get the finances sorted.

Notamum12345577 · 24/03/2024 07:50

As the divorce has been finalised now, isn’t it too late to sort out pensions etc? I know not the point of the tread, but that interested me!