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Please Help me Work Out What to Do Next.....

18 replies

asshat · 06/06/2012 23:38

I've been separated from father of my two children for 14 months.

At the beginning of the separation we agreed that he'd find a rented property nearby and i'd take over the mortgage, with a view to potentially keeping the house long-term. Things were on the whole amicable until I met a new partner 11 months ago. Since then it's mostly been awful.

He was initially in a shared house that wasn't appropriate for the kids to stay over and with my part time job being in anti-social hours (only nights and/or weekends), it was essential he found something else... he did but in the period it took him to sort himself out- I almost lost my job due to not having him (I have no family) to take the children reliably so I could cover my shifts. I took some time off with stress, ending up with pneumonia, partly I think because of the situation. I recovered and have been back at work for a few months.

I organised some mediation to improve things and consulted a solicitor to start the divorce proceedings, trying to agree things financially... it was during mediation he admitted that he had been off work with depression and a chronic illness for so long that he was being forced onto half wage therefore my child maintenance payments were going to be halved as of that month.

I knew he'd been ill but had no idea his financial situation was so serious until that moment. Without the full child maintenance (which was only £225 per month, having already reduced from £275) I was suddenly in a position where I couldn't pay the mortgage at all....

After he left, I paid all our shared debts, the mortgage, all insurance policies so when his maintenance (via CSA by this point as there'd been a few months where getting the payments was uber stressful) was reduced finally to £112 per month for 2 kids (4 & 7), I startde seriously struggling.

Selling the house seemed like the best option so I put that into the proposed terms of the separation and my ex agreed, thinking there may be some money in it... after valuation, it seems we'll be lucky not to be in negative equity. It's pretty certain there will be debt at the other end as a result but as I can't afford to pay without suffering serious poverty, that seems the best option, Problem is it requires a level of co-operation from my ex and before putting it on the market he wants to know where I'll go after. My partner lives 90 miles away and financially, I'd be much better off living there with him... My ex is going onto disability in a few months so maintenance will reduce from £112 to an unknown amount... so low tha I can't even take it into consideration.

He also says he's too ill to take them more than 2 nights per week EVER so holidays and my work (i often work 3 nights in a row) is impossible living apart from my partner. My partner has a very secure, good job which would allow us some security and is willing to (along with me obviously) take on the financial responsibility for my 2 children.

I should mention that the condition my ex suffers from is smoking related and he continues to smoke despite not being able to afford more than £2.50 maintenance per child, per day. This is a very tough thing to handle as he's very bitter towards me despite allowing me to take most of the financial burden of raising our children... he's now demanding to know if I'm going to move away with the children before he'll cooperate with the sale.

I'm stuck between a rock and hard place and am tempted to just go for repossession then probably ultimately bankruptcy to clear the debt... All the money needed to sell the house- fees and money to do work to help sell it also is expected to come from me... I've already put hundreds of pounds into decorating it. I won't see any of it back but I feel desperate to try to lessen the debt at the end...

I've tonight emailed him to let him know there's a strong chance I'll move with the girls 90miles away and am waiting for his next move.... he's already threatened me with court and says a judge wouldn't allow me to take them that far away from him. He sees them an average 2 nights per week right now so I can work but if I moved that would be reduced obviously. I was hoping holidays he could see them for bigger chunks but he claims to be too unwell. He seems to expect me to pay everything, he pay the absolute minimum, have me close so he can see the kids as he chooses. He's also now refusing to pay anything beyond £112 per month, so if the children have a school trip for example- I should pay for that also. Snack fees at nursery- I should pay them too... the list goes on. It's like being stuck in a nightmare.

ANY ADVICE WOULD HELP.

OP posts:
asshat · 06/06/2012 23:39

I posted this in legal too...

OP posts:
AnyoneForTennis · 06/06/2012 23:51

You will get £5 a week,that's standard for those on benefits.... That's it.

He sounds like he is in a fair position to issue a prohibited steps order to ensure his dc are enabled to have a relationship with him

asshat · 06/06/2012 23:57

how's he in a fair position? in what way?

OP posts:
acrunchieandacupoftea · 06/06/2012 23:58

Do you and the kids want to move in with the new partner?

asshat · 07/06/2012 00:00

acrunchieandacupoftea- yes

OP posts:
asshat · 07/06/2012 00:01

I do. I've not raised the subject yet with my children as the house isn't even on the market and they're still very young.

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Bossybritches22 · 07/06/2012 00:02

AS long as you show you are willing to meet him half way (wether geographically or in some other way) for access visits then the courts can't deny you the move that is part of your new relationship surely?

asshat · 07/06/2012 00:04

i'd be willing to make the 2 hour each way trip a reasonable number of times a month.... i drive and he doesn't.

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asshat · 07/06/2012 00:06

where i live just now, property is more expensive to rent than my mortgage is and i can't afford that... I'd have to move outwith this area anyway... travel would always be involved to an extent. Obviously 90 miles is a fair distance though.

He's very much a minimum effort kind of person though and I'm sure he would expect me to make all the effort... all the while I'd be getting £5 per week it seems.

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MagicLlamaStrikesBack · 07/06/2012 08:13

What are you proposing in terms of contact for him? As that is the key question.

He currently has 2 nights per week with no extras at his own choice? So that is unlikely to be workable once you move as I assume you would not be happy for him to have 2 nights each weekend.

So alternate weekends Fri to Sun afternoon with you doing half the driving? all the driving?

What about the holidays? Could he have them more during then? (if he wants to)

Other questions to think about ..
How much time has your DP spent with your kids?
Whats the schooling like in the new area?
What are your prospects for a job? What is your DPs house like - is there bedrooms there for the DCS?

The only possible resevation I can see the court having is that your relationship is still quite "new".

RedHelenB · 07/06/2012 08:15

I know it's hard but please try to separate the money from the contact. Is he a good father to the children? I can't see a judge not allowing you to move as you do need to work & provide for the children & their father obviously can't do this. Personally I wouldn't be rushing to move in with a partner after only 11 months - it's a big step.

Your house does need to sell though & it needs to be put in as part of the court order, that you will be willing to make up the shortfall if necessary. Any chance of maybe renting it out though if rents are more than the mortgage?

asshat · 07/06/2012 09:18

thanks so much for your suggestions and help.

last night i sent him an email suggesting the move and he responded much better than i could have predicted. up until this point it's been him threatening if i take them away, he'd take me to court without me actually confirming i was even thinking about it. this left me terrified of putting my cards on the table.

he's actually suggested moving closer to that area so contact can be made easier...

i know we've only been together 11months but it's a very established relationship, he and his family are now very close to my children... a move either way would definitely be on the cards, regardless of this situation. he is undoubtedly the person i want to spend the rest of my life with. which might sound flighty but i've never been so sure of anything in my life. he's very supportive to the idea of us moving in with him initially, he has 2 bedroom place with plenty space and can convert his office into a bedroom for the children but we'd eventually look for something with an outside space to play.

i'm hoping that 2 nights per week would still be workable, esp with his suggestion of him moving within easier driving distance (1hr drive away).

if we can work this out, the main worry would be how to get out of this hairy financial situation with the house without thousands of pounds of debt and be forced into bankruptcy.

OP posts:
asshat · 07/06/2012 09:22

in ways he's a great father to the children- he's very attentive and loving with them. they absolutely adore him and i've managed to keep my anger hidden so they have no idea how bad things are....

from a practical point of view, he's awful. that doesn't outwardly affect the girls, mainly it affects me but it obviously has an indirect affect on them.

i also think his lack of care for himself, mainly his health is a terribly selfish thing as ultimately the girls will suffer as he becomes more and more unwell. he could be working to make the situation better but is very much his own worst enemy. very poor at taking responsibility.

OP posts:
asshat · 07/06/2012 09:27

redhelenb- rent isn't an option as the house would need rewiring to meet renting safety standards... there's no way i can afford that. it'd need a new bathroom and kitchen also. I only have enough money to decorate what's already here. It was a renovation project when we bought it but due to financial and relationship problems, that never happened. I'm left trying to sell a bit of a shithole. joy!

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avenueone · 10/06/2012 09:59

I would try to keep your existing house for the moment - maybe speak to the morgage people and ask for a payment holiday until your ex is able to work again. You can then speak to him and say you are trying to help the situation but he must help himself get back into work. That way should things not improve and you do look to move away you can demonstrate you had tried to keep things stable for the children. What is their relationship like with him? It sounds like you and your ex have both been through a hard time and rather than pushing against each other if you can work together in this - you may all come out of it happier which is the bottom line I guess. You have done a wonderful job keeping your job and caring for the children. Good luck.

asshat · 10/06/2012 18:37

thankyou avenueone... unfortunately he's unlikely ever to work again. he has COPD caused by smoking and continues to smoke. this is a very hard think for me to understand but i have accepted it and now making plans as their sole provider apart from the small amount he's going to contribute once he starts on disability benefit in a few months.

the mortgage company refuse to give me a mortgage holiday.

it's got to the point where it's either repossession or try to sell it as fast as possible.. unfortunately it requires us to agree on the terms of separation and he's dragging his heels. i don't think he fully understands the gravity of the situation.

OP posts:
asshat · 10/06/2012 18:38

thing not think

OP posts:
avenueone · 12/06/2012 20:18

Gosh I though that killed you? he must be very poorly.
As the sole provider I think you have more say in things - get it sold and move. Your not a bad person he will get to see the children lot - the happier you are the happier the children are x

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