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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.

Not agreeing to 50:50

21 replies

Summerbreeze456 · 18/10/2024 11:42

I understand this seems to be a rather contested topic on here...but is there a way of arguing against 50:50 with my ex?
I have no issue with DS seeing him or spending the day with him or even sleeping over at his flat. However, ex's reason for wanting 50:50 is because he thinks he then doesn't have to pay any child maintenance (he told me so) and might even get money from me once I'm back at work. I'm the (slightly) higher earner and could go for a higher paid job while working less, although that'll take another two years or so. It would still be full time but the nature of the job would give more scope for wfh. For the moment, I'm on maternity leave.

I think I'm just a bit pissed off because he thinks he can just turn the children's lives upside down, walk out on everything, not contact DS for two weeks while I'm in hospital having DD and then just saunter back in after 3 months and make demands.

DS loves his dad. He's always been the "fun" parent, although he's retreated more and more from family life in the past year or so. When he's visited DS after moving out, he's played with him for ten minutes and then gone to sleep on the sofa for an hour or two. It's been similar before he moved out. He's mostly cared about himself. He'd go off and do gardening for hours on the weekends, with his headphones on so he'd be in his own little bubble.

In the mornings, he'd get himself ready, make his own lunch and then go to work. I'd get DS and myself ready, make breakfast, sort lunch and get him to school. I then picked up DS after school, sort dinner and get him sorted with snacks, reading, homework, etc. His dad would come in at some point, grab dinner to eat on the sofa, fall asleep on the sofa and eventually move to the bedroom to continue sleeping in the bed. I'd then get DS ready for bed, do story, tidy up, etc.
And no, he's not been tired because he's the one bringing in the money and going to work while I have a part time job. We have the same job but in different companies. I'm slightly more senior than he is and have more responsibilities at work.

He's never bought clothes or shoes for the kids. He's not been involved in playdates or birthday parties or taking DS (and now DD) to activities. He's not ever taken any of them to the doctor. He's been to the dentist and the hairdressers with DS a handful of times but only because I've pushed him to do it. He has no involvement with school or homework.

I'm also worried because he has a habit of just wandering off when things seem difficult. Ex frequently just left to go for a walk for hours whenever there was an issue, wouldn't say where he's going or when he's coming back. He's left a job and quit without notice and just walked out in the middle of the day because he found it too difficult (and it's not the kind of job where that's possible...he basically left me to deal with it all and just stomped off).

I honestly believe DS and DD need a stable home base to live at, to come back to when he's pissed off again and is finding life overwhelming yet again. DS has been so confused and so hurt these past few months when his dad kept popping in and leaving again over and over. His behaviour is challenging at times because he is incredibly worried that I'll abandon him as well. I try to be reassuring and positive and have facilitated visits as much as possible but quite honestly, there comes a point when I'm getting annoyed by his selfishness and the fact that he's trying to use DS to hurt me for no reason. He still hasn't told me why he's left, other than that he doesn't love me anymore, and has become increasingly hostile these last few months. I've actually tried to be reasonable and patient but I also have my children's wellbeing to consider (first and foremost because they are little and he's a grown ass man).

OP posts:
Inthedeep · 19/10/2024 09:42

I’m so sorry you are going through this. I suspect when it comes down to it, your ex won’t go for 50:50 as he seems incredibly flakey and having the children 50% of the time will be far too much like hard work.

Your daughter is far too young for 50:50 anyway yet, or is it just your son your ex is threatening 50:50 custody for?

LouLou198 · 19/10/2024 10:03

I am currently going through the same op. He left, now demanding 50:50, doesn't want to pay child maintenance. I think 1 day in the week and alternate weekends would be enough for them and give them more stability in the week. I have always been the default parent.

Elektra1 · 19/10/2024 10:09

There is a current thread on this topic. Can't link it but it's called "has anyone been successful in fighting 50/50?"

AncientAndModern1 · 19/10/2024 10:13

How old is your daughter? 50/50 isn’t suitable for a tiny baby and the children should stay together. Get some legal advice.

Summerbreeze456 · 19/10/2024 11:14

He only wants DS for the time being. DD is only 3 months and he left a few days before she was born.
I'm tempted to check whether I can have his paternity revoked for her. DD was conceived through embryo donation. He wouldn't have to pay child maintenance but wouldn't have any rights, either.
I've got another appointment with my solicitor soon and have arranged for a mediation meeting.

OP posts:
Summerbreeze456 · 19/10/2024 12:51

LouLou198 · 19/10/2024 10:03

I am currently going through the same op. He left, now demanding 50:50, doesn't want to pay child maintenance. I think 1 day in the week and alternate weekends would be enough for them and give them more stability in the week. I have always been the default parent.

That's what I had suggested...even to the point of picking up and dropping off at school so he doesn't need to see me at all and doesn't have to come to the house.

OP posts:
amothersinstinct · 19/10/2024 13:52

Are you married? Legally he is then classed as your child's father - the fact she is from a donated embryo is irrelevant

Summerbreeze456 · 19/10/2024 13:59

amothersinstinct · 19/10/2024 13:52

Are you married? Legally he is then classed as your child's father - the fact she is from a donated embryo is irrelevant

I'm aware of that. That's why I said "revoke". He's accusing me of having forced him to have another baby.

OP posts:
amothersinstinct · 19/10/2024 14:01

I believe you'd have to get him to agree for him to be removed from the birth certificate and he'd have to sign a waiver of parental responsibility

amothersinstinct · 19/10/2024 14:02

Sensitive question but did your marriage break down because of your child and the fact she is not biologically his?

MeThinksTime · 19/10/2024 14:06

Having been through the court process.recently, if there is not a significant reason (like domestic abuse) to prevent 50/50 then the court will grant it. Your option is to move far enough away that 50/50 logistically won't work, but close enough that even other weekend is fine.

amothersinstinct · 19/10/2024 14:11

I would think the ex would take the OP to court to prevent a move from the sounds of it so moving isn't necessary the answer

StormingNorman · 19/10/2024 14:37

Understandably you sound really angry. This is a lot to deal with over the birth of your baby and you have all this on your plate while you’re recovering.

Can you slow the process down? Tell your ex you won’t be agreeing to anything or progressing with the divorce until the baby is older and you are feeling stronger after the birth.

Summerbreeze456 · 19/10/2024 18:57

I'm not sure. He hasn't said as much but it might be the case. However, it took a year to plan and prepare for that embryo so it's not as if I just popped to the shops and returned pregnant. We've had several transfers before this one and he's had plenty of time to raise his objections.

OP posts:
Summerbreeze456 · 19/10/2024 19:54

StormingNorman · 19/10/2024 14:37

Understandably you sound really angry. This is a lot to deal with over the birth of your baby and you have all this on your plate while you’re recovering.

Can you slow the process down? Tell your ex you won’t be agreeing to anything or progressing with the divorce until the baby is older and you are feeling stronger after the birth.

We have to wait for a year until he can file for divorce anyway, so it's not something that needs to be rushed.
However, yes, I am angry. I've been very patient and understanding and tried to give him the time to figure out what he needs/wants. I haven't pushed for child maintenance while he was on parental leave (for a child he has barely any contact with) but there are certain things that need sorting out. He's the one who is now seeing himself as a victim and he is angry with me and wants to try and get one over on me. It like he needs to win a battle and I'm the enemy. I refuse to allow him to to be so selfish and self-centred and use DS as a bargaining tool.
It's not fair and it's especially shit after having been together for over 20 years.

OP posts:
howfarillgo · 19/10/2024 20:01

Are you saying he comes to your house for contact with your DS, plays with him for a short time then falls asleep on your sofa for a couple of hours?

If that's the case I think you need to go back to basis on the boundaries of the separation before sorting the bigger issues.

He's treating you like he's half in and half out of the family and you need to stop enabling this.

Summerbreeze456 · 19/10/2024 20:44

howfarillgo · 19/10/2024 20:01

Are you saying he comes to your house for contact with your DS, plays with him for a short time then falls asleep on your sofa for a couple of hours?

If that's the case I think you need to go back to basis on the boundaries of the separation before sorting the bigger issues.

He's treating you like he's half in and half out of the family and you need to stop enabling this.

Yeah. I had tried to hand DS over in other places but they end up back at the house pretty quickly.
He also keeps trying to come and pick up DS from school with me constantly, which isn't helpful. He just ends up at ours and we have an awkward dinner and he then just sits on the sofa again. I assume it's so he can tell the court that he's made an effort to see DS and show the messages as proof. Thing is, he tells DS that he'll pick him up before he tells me. So even if it's not convenient, DS will be excited and want to see him.
I've now discussed it with our family support services and I know I need to put firmer boundaries in place. He's shouted at me that the house is his and he can come and go whenever. I've now been told that I can refuse to have him in the house, regardless of whether he's still paying the mortgage. (He insists on paying half of it and makes it clear on the transfers that this is what the money is for. I've never asked him to continue to pay the mortgage. He owns the house 50:50 anyway and I wouldn't have taken his share away from him. I'd rather he pays child maintenance to show a commitment to his children and I can sort the rest myself. Instead, all he thinks about is the house and apparently he doesn't have enough money to pay for that, fund his lifestyle and pay for the kids.)

OP posts:
amothersinstinct · 20/10/2024 07:50

Summerbreeze456 · 19/10/2024 18:57

I'm not sure. He hasn't said as much but it might be the case. However, it took a year to plan and prepare for that embryo so it's not as if I just popped to the shops and returned pregnant. We've had several transfers before this one and he's had plenty of time to raise his objections.

I only ask as my ex husband left for a similar reason - ivf babies (lots of IVF) biologically both of ours though - he said he didn't love them the same as our naturally conceived child and he made no effort really to engage with them from the second they were born until the day he left 12 months later.

At the time if I could have removed him from the birth certificates I probably would have done

sunflowersngunpowdr · 22/10/2024 08:09

He might not actually try for 50/50 but if he does are you willing to tell him you won't ask for full maintenance if he backs off the 50/50? If I was in your position and I could afford it then that's what I'd do. Even if it means I eat beans and rice everyday for a few years at least you will have your children with you majority of the time.

EliflurtleAndTheInfiniteMadness · 23/10/2024 00:10

Summerbreeze456 · 19/10/2024 20:44

Yeah. I had tried to hand DS over in other places but they end up back at the house pretty quickly.
He also keeps trying to come and pick up DS from school with me constantly, which isn't helpful. He just ends up at ours and we have an awkward dinner and he then just sits on the sofa again. I assume it's so he can tell the court that he's made an effort to see DS and show the messages as proof. Thing is, he tells DS that he'll pick him up before he tells me. So even if it's not convenient, DS will be excited and want to see him.
I've now discussed it with our family support services and I know I need to put firmer boundaries in place. He's shouted at me that the house is his and he can come and go whenever. I've now been told that I can refuse to have him in the house, regardless of whether he's still paying the mortgage. (He insists on paying half of it and makes it clear on the transfers that this is what the money is for. I've never asked him to continue to pay the mortgage. He owns the house 50:50 anyway and I wouldn't have taken his share away from him. I'd rather he pays child maintenance to show a commitment to his children and I can sort the rest myself. Instead, all he thinks about is the house and apparently he doesn't have enough money to pay for that, fund his lifestyle and pay for the kids.)

You need to write it all down everytime, show he's not actually there to see DS. On date A, X told DS he'd come to school pick up last minute, came back to ours played with DS for Y minutes and then fell asleep on couch. Expected to be fed dinner and made it too uncomfortable for me to asert my boundaries in front of DS. When you meet elsewhere, write down date, time pick up, time back at house. Write down how much time you offered and how much he actually used. If he messes DS around a lot you can use this to argue that 50/50 isn't appropriate. Offer him contact in writing in clear terms on regular days and record what he does with that time. Make it clear contact has to happen somewhere else. If it's last minute you could say that's great you can use that time for other things and he can take DS somewhere and then drop back at X time. Then if he refuses and goes to your place or drops him back early record that. Meet him at the door if he's dropping off, make it clear he's not welcome to come in, "thanks for dropping DS back, will text to work out next time or he'll see you on X day." Later if regular and already decided times. If he lies down on the couch I'd try and jolly him along, something like "Look DS daddy's super tired he needs to go rest at his place so let's say goodbye and give him a big hug."

EliflurtleAndTheInfiniteMadness · 23/10/2024 00:12

sunflowersngunpowdr · 22/10/2024 08:09

He might not actually try for 50/50 but if he does are you willing to tell him you won't ask for full maintenance if he backs off the 50/50? If I was in your position and I could afford it then that's what I'd do. Even if it means I eat beans and rice everyday for a few years at least you will have your children with you majority of the time.

You wouldn't have to do it long term, just long enough to agree on child contact then establish a regular pattern of contact and for DS to be settled into a routine, A year or two maybe. It would be very obvious then if you applied for CS and he applied to mediation for 50/50 soon after.

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