Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Ive got myself in a right situation.

112 replies

Shitwhatnowagain · 11/08/2013 21:00

Im not sure whether I can press send on this. Theres so many details that could identify me. Im going to have to be really careful as I know several people RL on here.

Ok here I go.

I have two children, a toddler and infant school age child. Their father is a nice person. Hes a brilliant dad (this will be thrown right back at me, I can see it coming) but he is terrible, just terrible at relationships.

I met him when I was 17 and he was 30 (some 15 years ago). We have been on and off all those years. Hes never 100% committed to me in all those years. I have come to realise recently that Im in my 30's and Ive never had a normal relationship and I dont think I know what one feels like.

We havent had sex since our youngest was made. So a few years, we are not together. I live alone with my children. He is a free spirit where ever he lays his hat thats his home. He works hard and pays taxes but he doesnt officially live anywhere.

Let me really get this across, he does not and never has, lived with us. He stays the night 2-3 times a week comes for tea 4 nights a week. He has no post come here, has no belongings that are here, no clothes nothing.

But he comes here often to see his children.

Ive been deeply unhappy with this situation for the last year. I feel as though I cannot move on, have space, time away from him, be a 'single' person. Ive begged and pleaded him to see the kids every other weekend (as opposed to every weekend), Ive told him I want to be 'properly single' that I want us to really, really divide. I dont want him ever staying round any nights at all or coming for tea.

But I think he always thinks I say it when Im in a bad mood or something because he ignores it. Assumes the next day is a fresh day, my mood is over and he'll continue as normal. Im too tired to fight again. But it comes again every few weeks. Always it gets ignored.

Heres where it gets really, really messy.
My landlady works directly next door to my (her) house. She is an evil, awful woman, reknowend in this tiny village for being awful and Ive got on the wrong side of her (I had a very serious problems with my electrics, she sent an electrician round who found no problem (?!) so she sent me the bill for the work. I refused to pay, saw citizens advice and told her I sought legal advice). She reported me to the DWP for benefit fraud. Said my childrens father lived with me.
Im guessing she thinks he does, after all if she finishes work at 6pm each night she will drive past see his car here four nights a week and think he is 'coming home' from work, she doesnt know hes here for an hour. Comes, eats my food, puts kids to bed and leaves.

So I get an interview with fraud. Takes a while. Long and short of it, they dont give a shit what my situation is, or what I say. They dont believe he doesnt live there, I will be prosecuted "or we can end is right now, you can stop your income support claim if you tell me xxxx is living with you."

I refused. No way was I going to say he was living with me when he wasnt! I called Shelter and got advice, but the long and short of it is, I move my ex boyfriend in and tie finances or face prosecution.

After lots if tears and panic, I call up, stop my I.S claim and tell housing benefit that someone is moving in with me.

That was 2 months ago and Im so depressed. Im stuck 'living' with my ex. Im angry and resentful all the time, its not healthy for the children.

What the HELL can I do? I cant tell him to move out, and claim HB again because they will investigate and prosecute.

I have 2 choices - either save 2.5k and move house and start again, not let ex anywhere near the house and refuse him see the kids unless he rents a room and takes them there.

Or get a job (which will be easier said than done, Im caring for a toddler who gets higher rate DLA and the system considers me his career, he cant go into usual childcare because his very serious health issues,but hopefully will get better with that in the next few years) and find the rest of the rent that way.

Either way, Im stuck, my children and I are stuck my ex is stuck, we are all STUCK 'living' together, tied finances for at LEAST 1-2 years.

Im utterly depressed. Literally, on anti depressants because of this.

What the actually fuckering fuck do I do?

OP posts:
Shitwhatnowagain · 11/08/2013 22:13

dancemom how does he financially support me?

OP posts:
Chubfuddler · 11/08/2013 22:16

I agree with velvet. I believe you but see how it looks to the authorities.

But you are not trapped. You end the relationship for good and proper. Finished. You make a claim for benefits as a single person and to the CSA for child support.

You are making out that your ex and the HMRC are conspiring to keep you in some sort of slavery. This is nonsense.

CoolaSchmoola · 11/08/2013 22:16

There is a little niggle in the back of my head saying that if someone regularly stays over at your house for three nights a week this can affect claims for IS and HB. I will check (two family members are long time fairly high dwp and I worked there too but moons ago).

NeoMaxiZoomDweebie · 11/08/2013 22:17

This is an extremely abusive situation OP...it's very bad. You need to change the locks, inform the police that your ex keeps trying to gain access...and stop him entering at all costs. If he tries, you call the police. Can the DC stay somewhere else for a few days? Could he get violent?

There is NO way you should let him in!

Mouseyinmyhousey · 11/08/2013 22:19

Coola, I was always told that the X night's a week thing was a myth. And that it was a out having evidence. But one bit of evidence would obviously be proving the person lived somewhere else.

CoolaSchmoola · 11/08/2013 22:22

I have checked and the official amount of nights a person can stay over regularly every week is NONE. But for the purposes of fraud two to three REGULAR nights per week IS classed as cohabitation and must be declared.

If he was staying odd nights here and there then it wouldn't have been a problem, but because he was staying two or three nights every week it is.

ExcuseTypos · 11/08/2013 22:24

I agree that he has to stop coming round and he has to pay proper support for his children.

I do agree though that as far as the authorities are concerned he can't prove he lives anywhere else so it does look as if he lives with you. I don't know how you get out of this tbh. Did they say if you try to claim again they will prosecute you?

Shitwhatnowagain · 11/08/2013 22:26

Chubbfuddler Im not 'making out' anything. This guy seriously had me shitting myself in this interview, why the fuck would I make this out to be something it isnt?

Coola at one point I called the DWP and asked what the crack was with people staying over, they said there is no rule. Just as long as he can show he lives elsewhere and pays bills elsewhere. I told him this, it made jack all difference.

Neo God no the man isnt violent. He is quite the opposite, this is the problem. So damn laid back, doesnt worry, doesnt let anything phase him no siree. Thats all on my damn shoulders.

I text him tonight a big long text which told him in no uncertain terms that things are changing and he HAS to rent somewhere and see the kids there. I expect he thinks I just have PMT or something but I will be sticking to it.

OP posts:
Shitwhatnowagain · 11/08/2013 22:28

Coola well there we go then. Im definitely fucked.

So I was committing benefit fraud? Fuck. Just for fucks sake! There goes the bloody complaint.

OP posts:
Shitwhatnowagain · 11/08/2013 22:29

"Did they say if you claim again you will be prosecuted." No they didnt. But it will be a red flag on my files, I know it is as they mention it every time Ive called. So no doubt this will forever be an issue.

OP posts:
McBalls · 11/08/2013 22:30

What was the financial arrangement with him?

CoolaSchmoola · 11/08/2013 22:31

Mousey - it is a myth, because officially its no nights at all, but one night here and there, grey area, regular two or three nights a week is considered absolutely clear cohabitation and if undeclared, fraud.

It doesn't matter that the OP doesn't consider that he was living there, under the rules of the benefits she was claiming he was.

They may well have evidence, fraud do go out and stake out houses to see who goes in and out and when, if he was staying over they could easily have seen him.

I'm so sorry op, but the rules are there and according to them he was living with you because of those two to three n

Chubfuddler · 11/08/2013 22:33

But as has been pointed out, you could have complained/appealed. And TBH it does sound as if at that stage you were a couple. How old is your youngest?

It's quite simple. Stop allowing yourself to be swept along in the slipstream by your ex. Dump him. If he harasses you, you notify the police. You contact the benefits people tell them you are single and want to make a claim. Contact the CSA.

CoolaSchmoola · 11/08/2013 22:33

Agh phone.

Because of those two to three nights a week. They should have been declared and a joint claim made, not knowing the rules doesn't exempt you from them. I feel for you, I really do, but I actually think that, as awful as this is now, you did well to not be prosecuted.

Fairylea · 11/08/2013 22:36

Don't fixate on the past. Go forwards. Do what we've suggested here.

At least NOW you can be free of him. Start now.

CoolaSchmoola · 11/08/2013 22:38

Stop him staying over immediately, claim again as a single person, they will look at you, they may well investigate you - but if he never stays again they will never get any evidence, and that's what matters going forward.

You are allowed to split up, and as such you are entitled to claim again, no matter what went before.

Shitwhatnowagain · 11/08/2013 22:38

Coola what do you think I should do? You seem the most knowledgable with the system. I would never, ever try and commit fraud of any kind.
What do I do next?

If what you are saying is correct (and Ive got every reason to believe you) then I cannot just kick him out and reclaim like people are suggesting.

OP posts:
Shitwhatnowagain · 11/08/2013 22:39

X posted

OP posts:
Shitwhatnowagain · 11/08/2013 22:41

Right, so I kick him out. Tell him to bugger off totally and see the kids once he is renting a place, restart a claim saying the facade hasnt worked out (no shit sherlock) but with it if they investigate I can prove he is living elsewhere because he'll be renting. Right?

OP posts:
Fairylea · 11/08/2013 22:43

Yes. That.

And do not let him in your house at all.

Shitwhatnowagain · 11/08/2013 22:43

coola what if he came each day (or a few days) but never, ever stayed the night?

The reason why I ask is because there will inevitably be a cross over from stopping him paying this rent here, to paying his rent on his place.
I dont want the kids going weeks without seeing their dad.
The youngest has pretty bad health issues so 'just taking them to the park' etc just isnt as simple as it would be with my eldest.

OP posts:
Chubfuddler · 11/08/2013 22:45

I don't think you are going to have to prove he lives somewhere specific. You could though show them evidence that you occupy the property alone - tenancy in your name alone, 25% council tax discount, only you on electoral roll etc. Tell them your relationship has effectively been over for however long but you had allowed him into the property as he had nowhere else to go and you did not realise the inferences that could be drawn from that.

If they think you're lying they have to prove it. You don't have to prove you're not.

NeoMaxiZoomDweebie · 11/08/2013 22:46

They can see him in a cafe or playcentre for a while...DON@T blur those lines!

Shitwhatnowagain · 11/08/2013 22:46

Chubfudler Ive said all that, tried all that and repeated all that until I was blue in the face.
It made no difference.

OP posts:
NeoMaxiZoomDweebie · 11/08/2013 22:52

Shit you seem determined to fail! Woman up! This man is not your partner..you've allowed him to arse your benefits up! Get shut!

Swipe left for the next trending thread