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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

Should I claim maintenance even if it causes rift between XH and I?

85 replies

springchickenn · 05/02/2018 20:56

I've never had a formal arrangement with ExH for maintenance. We married and divorced young and had nothing to show for ourselves at the time. I gave ExH some leeway whilst he was finishing Uni but when he got a job I managed to get him to give £100 a month towards DS. Before that he'd just used to pay for DS swimming lessons which I was thankful for.

A little over a year ago, he loaned me some money to have my car fixed since I do all the school runs. He said instead of paying him back he wouldn't pay maintence for 2 years. I had little options at the time so agreed. He has since been promoted big time and is living very lavishly meanwhile, now I struggle to buy DS Contact lenses, fund his school trips and pay for school dinners etc... Despite working nearly fulltime - It's really a struggle for me atm.

I was curious so used the CMS calculator and realized that had I gone through them, I'd be entitled to £400 a month. That means really, I'd have paid off the money he loaned me in 6 months, nevermind 2 years! I know if I did this, he would be really angry with me. We don't have the best relationship anyway, we rarely speak and he only sees DS (He's 12 now) every fortnight for one day (DS doesn't even like to stay over - so he doesn't).

I wonder if I am being unreasonable by thinking I should claim Maintenance via CMS? Or if I should try and negotiate with him (it won't be easy) to sort it out amongst ourselves. I'm scared its going to rock the boat too much but at the sametime, I am paying and struggling for absolutely everything right now and could use the help.

Thoughts? (Sorry for the novella)

OP posts:
SandyY2K · 07/02/2018 20:51

He still has to pay child support regardless of what country he lives in

It's not really possible to get maintenance if he moves country...especially if you don't know where he is.

Does your DS have a relationship with his dad's family?

This is kind of where I wonder what the parents think of him paying such a pittance towards his son's upbringing.

MeganBacon · 07/02/2018 21:00

The title of your OP indicates you have gone without a good level of maintenance previously because you didn't want to risk the goodwill. But the fact is, there's no point having his goodwill if it is bought at the cost of him shortchanging his child. He should pay the fair amount and be big enough to be civilised to you and father his child well irrespective of that. Stick out for what is right.

springchickenn · 07/02/2018 21:32

His family love money as well Sandy. I think they will frown on me involving CMS as much as he has. I remembered today that when we first split up and I'd ask for money for DS. He'd tell me that since it was my choice to be a single mother, (aka would no longer tolerate EA) - I had to deal with it. This was a long time ago now but I don't wonder if he still harbors that idea.

OP posts:
Gemini69 · 07/02/2018 21:42

OP.. how many years has this man being getting away with paying £100 a month ?

springchickenn · 07/02/2018 22:19

We split when DS was 5 and X was still in Uni for 2 more years. Then I got him to pay the £100 a month when he left - so around for around 4 years. (plus this last year when it was going towards the car money). @Gemini

In the beginning, I had to chase him up all of the time. I threatened with CMS then and he reacted badly. Which is what made me nervous this time but after that - the payment started being clockwork at least.

OP posts:
ohamIreally · 07/02/2018 22:21

Well done OP! You have inspired me also. I've just said to ex we need to review our agreement as I know full well he's not paying what he should. He's already replied trying to weasel out!

pallisers · 07/02/2018 23:10

Tell him to emigrate to the US.

He'll love what they do to him there if he doesn't pay maintenance.

He has paid a total of 4,800 pounds to maintain his child from the age of 5 to the age of 12. As well as giving you 2,400 pounds so you can bring his child to school. He is a prince among men.

mummmy2017 · 07/02/2018 23:20

Go for it, your child deserves this money, and your Ex is a selfish sod, be he has been enjoying the extra cash..

PS car loan has been paid in full,, don't fall for it.

SandyY2K · 08/02/2018 00:38

The apple doesn't fall far from the cart does it eh.

All these men who behave like this amaze me. When my DB split from his Ex. ..she was moaning about no money. .things being tough. .and I asked straight up. ..isn't my DB giving you enough for the DC. ..because I will speak to him....as it's not on.

She backtracked and said no...it was just getting used to it...I shouldnt say anything.

Anyway. .I did casually ask DB. ..He said he was still paying the council tax..home insurance... the entire mortgage... plus @£1k a month for the 3 DC.

She was doing a "woe is me" and trying to act like they were destitute.

I wouldn't stand by and see her struggle because DB was shirking.

I suspect your Ex can't believe you've done what he knows you could have and should have done years ago...by claiming properly. Silly man.

Gemini69 · 08/02/2018 20:35

Aahh ok OP.. well done for sorting this out officially and correctly for yours and your childs sake Flowers

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