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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

Applying for child maintenance- am I doing the right thing?

9 replies

OneForTheRoadThen · 10/02/2023 13:39

Ex DP moved out 2 years ago although we had split up for 2 years at that point but remained living together but as separately as we could for 2 years before that thanks to lockdown. Since he has moved out he has never paid maintenance and stopped paying for any childcare. Children then were 3 and 5 so one was in nursery for 3 days while I worked.

I upped my hours to full time and claimed a UC top up. I have the children for 4 days a week and he has them for 3. As I could no longer afford after school care I reduced my hours to 9-3pm every day and look after the children after school, even on his days. He collects them at about 5.30pm after he finishes work, so in practice I have them more than the overnights suggest. Despite his promises he has never paid maintenance, firstly he said he would when youngest was 4, then when she started school, then at Christmas. He claims it would be unfair for me to have maintenance and UC top up and that he can't afford it.

I have recently moved in with a new partner and am no longer eligible for UC. Ex DP is now claiming it and has added the children to his claim. I have asked for maintenance and he has come out with his standard emotional manipulation that I experienced for years with him, that I'm not putting the children first, he will have to move further away and that will affect his relationship with them, I'm greedy etc. it's made me doubt myself. My partner suggests going to the CSA but I feel guilty that I'm not putting the needs of the children first. It's not a huge amount of money and I'd probably put it into savings for them so am I just being silly?

OP posts:
Coffeellama · 10/02/2023 13:42

Is he going to be able to take care of the kids properly when they are with him if he’s paying you maintenance? Just asking because of him claiming universal credit for them… which means legally they live with him? Not sure if your claim would be successful if they legally live with him.

3peassuit · 10/02/2023 13:43

You are not being greedy and most definitely not silly. Stop listening to his to his guilt tripping nonsense and put in a claim.

Temporaryname158 · 10/02/2023 13:45

Make sure you have the child benefit and put a claim in. Also stop doing free childcare for hin

OneForTheRoadThen · 10/02/2023 13:45

They don't legally live with him. Apparently he can claim UC as he is a 'person with care' which doesn't have to be the child benefit recipient ( which is me). It doesn't have to be the primary carer either apparently as long as there isn't a rival claim.

I would imagine he can afford it - he earns £36k but we are in London so rent is expensive.

OP posts:
AnneLovesGilbert · 10/02/2023 13:45

Do it. Is your current DP making up the difference now you can’t claim UC?

OneForTheRoadThen · 10/02/2023 13:46

Temporaryname158 · 10/02/2023 13:45

Make sure you have the child benefit and put a claim in. Also stop doing free childcare for hin

I'm holding on to that child benefit claim! When I phoned the CMS they said I would need it to claim

OP posts:
OneForTheRoadThen · 10/02/2023 13:47

AnneLovesGilbert · 10/02/2023 13:45

Do it. Is your current DP making up the difference now you can’t claim UC?

Yes he is. We share all finances anyway but he knew a condition of us living together would be that he made up the difference as he benefited a lot financially from us living together whereas I lost out a bit.

OP posts:
Coffeellama · 10/02/2023 13:48

OneForTheRoadThen · 10/02/2023 13:45

They don't legally live with him. Apparently he can claim UC as he is a 'person with care' which doesn't have to be the child benefit recipient ( which is me). It doesn't have to be the primary carer either apparently as long as there isn't a rival claim.

I would imagine he can afford it - he earns £36k but we are in London so rent is expensive.

Then I’d put a claim in and see what happens, it’s up to CMS to decide then and I imagine you’d get something, possibly not loads as he has them 3 days but anything is better than nothing.

Tinkerbyebye · 10/02/2023 18:50

Make sure you get child benefit
Put in a claim via CMS
Stop doing childcare on his days, and see if you can up your hours again. He can pay for childcare on his days

he has already got away for years with not paying for his children

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