Well, he's going to have to manage. I'm done with bending over backwards to accommodate his every request, I just need to get better at spotting it before it happens :)
We've just had a lovely exchange of emails. I sent him a financial disclosure form to complete so I can take it to my new solicitor to arrange a clean break and he kicked off about me screwing him out of his money, ending his side of the exchange with a rant about how I'm making him struggle
I think I've put together a good answer, which I've sent, and won't engage further.
This is the final bit.
Him:
Hi AndHarry,
I guess knowing you and your argument structure I knew you would mention the child benefit yet again and knowing you you just won't let that go. So here's a different tack, maybe if you paid your half of the mortgage then we wouldn't have this problem.
So cut the ball and realise that I sent you a text message to let you know I could pay more maintenance, however in the same text I clearly said I needed to let you know when this would begin as I needed to work out my budget. If you don't have this text message I can send it to you again. It is your issue if you assumed from that message that these payments would be instant as I clearly said they wouldn't be which I thought was a reasonable thing to say in light of me starting a new job and still finding my feet in a new apartment. Having to pay all bills etc with benefits or additional income coming in except this salary.
By me notifying you I can pay more was putting myself under more pressure for the future but I am fine with this as it goes to my children who will always come first and it was the right thing to have done. I didn't say to you I would let you know when this would begin so I could pocket the money for a few months, it was so I can get my affairs in order so I could ensure the mortgage and my commitments are paid and I do my part to support the children. Many men in the same position wouldn't do what I am doing and many women find themselves having to struggle to survive as the father of their children disappear or don't want anything to do with them, so you are lucky in this sense that I am not like this.
With light of you not paying your half of the mortgage and not letting me know, but rather transferring £1.17 into my account has meant that now I need to find money to pay the full mortgage which is extremely difficult at the moment.
By me struggling it has a knock on effect on the children and even you, so I don't know why you are pursuing this route and this tactic. But then again, maybe you think you can stand on your own 2 feet without me and you can make it hard for me, this may be true with all the benefits you are entitled to having and by you now working full time with flexible working hours, due to having the children, but it is wrong to make me suffer as all I ever did was try my hardest to support you and the children. I have my faults, but no matter what I have done to you or you think I have done to you, 2 wrongs don't make a right so we should stop this road we are going down because only solicitors will benefit, not you or the children.
I'm glad you want to move on with a clean break without a potential of claims in the future, in the process of this don't do anything that will make it even more difficult in the future for either of us as we still need to communicate for the children's sake.
and my reply:
Hi STBexH,
Clearly neither of us appreciates the other's logic, however your responsibility is to pay child maintenance at the statutory amount. Presumably you knew your salary and outgoings when you started the new job at the beginning of September and in not pursuing you for a new amount until October and discussing the amount with you in advance I believe I have acted fairly and reasonably. You may also have noticed that we haven't discussed the subject of the additional amount due based on your earnings from commission.
I acknowledge the receipt of your text message at 12:46 on 15th October confirming the new amount of £xxx.xx and saying that you needed to work out your budget and then confirm when it would start. Please also acknowledge our exchange of texts on the 30th September, where I proposed an amount of £xxx a month based on your basic of £xxxxx per annum and gave you a direct link to the freely available government-provided child maintenance calculator.
In transferring the difference in the amount due to me and my contribution to the mortgage payment, I believe I have discharged my responsibility and we can now start again in November on a clean slate, with no arrears owing between us.
I'm not particularly interested in what 'other men' do but I do expect you to pay the due amount of child maintenance on the agreed date. Your failure to plan your outgoings appropriately is thankfully no longer my responsibility or my problem. As said on Saturday, either you can pay the amount due in an informal arrangement or either one of us can seek for a fair decision to be made by the appropriate government agency. If the correct amount is not paid on 15th November or another date agreed by both of us then I will pursue this route. I'm reluctant to do so, both for the sake of good relations and because they will take 4% of the value from me and an additional 20% from you, which could otherwise be used for the children as intended.
I have sent you my financial disclosure as an act of good faith and to put us on a more equal footing in terms of knowledge of basic annual income. I do not expect you to use this information as a basis for withholding child maintenance.
I hope that makes my position clear.
AndHarry