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Old 01-15-2017, 10:24 PM
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Newfie76 I think you have an excellent point of view on this situation.

Here is an older case (2007) which is similar to the poster's position and may guide her in what she needs to do. I'm sure there are more recent cases but this one seems to fit. Of course it would be beneficial to her that she keeps her legal costs to a minimum. (Too bad she didn't claim spousal support at the time of separation).

http://www.canlii.org/en/on/onsc/doc...resultIndex=14


In summary, a judge could indeed award her an unequal share of the equity of the matrimonial home for unpaid child support.
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