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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 03-06-2016, 12:58 PM
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Just to give an overview of the story.
My spouse was common law with his ex for 6 and a half years ...from 2006 to early 2013 and have one child who is now 8. my spouse is 37 now and she is now 48.

She didn't work but worked during their relationship at a few admin jobs. She was let go a few times so stayed home and helped spouse with side home business.

She would drive my spouse to and from work everyday because at the time he didn't have is license. She stayed home with the child and worked from home.

She also began screwing around on him and meeting guys on plenty of fish. One of which was my ex husband lol.

she and my ex husband set him and I up to go golfing one day. She would hang out with my ex at my house with my kids with her son.

I ended up telling her spouse which is now my spouse about the affair. She hates me now for telling him. She told me to lie about how I knew her lol. I couldn't help but tell him the truth. He deserved to know. Now we have been dating for almost 3 years since then.

My spouse left her soon after he found out about her affair as she was making his life miserable.

My spouse paid the mortgage..truck payment property taxes. He paid this from July to December 2013. About 3 k per month

She took him to court in Nov 2013. Using legal aid of course. He couldnt afford a lawyer. Judge told her to sell the house but didn't award more support. spouse kept paying mortgage as he was asked to.

Feb 2014. He went back to court self represented and asked to pay support instead. he had kept paying the mortgage and had stopped paying the truck. She wouldn't take over the truck herself. The bank took the truck as he couldn't afford it anymore. Judge told him to pay mortgage till April 2014 and she was to sign it over.

She was to sign house to herself in April and he was to start paying support of 1546 per month ..1000 spousal and 546 child.

Keep in mind she withheld my spouse access to child the whole time.

April 2014 came around and my spouse gets a call from her lawyer saying my spouse first needs to give her a clean slate and catch up on house bills. No proof of amount was given by her except an excel spreadsheet showing about 5000 owing. Nothing came of that. Judge wanted to see my spouse if not paid in April 2014 but didn't follow through.

She never signed the house over so my spouse kept paying mortgage and prop taxes over 2000 per month to about Sept 2014.

In Sept 2014 he claimed bankruptcy as he didn't want the responsibility of the house as she wasn't going to sign in over to herself and began paying the support of 1546.

In December 2014 fro sent a letter stating he owed 10546 in arrears for support. Keep in mind my spouse has been paying over and above this amount in house payments. We are hoping to have this cancelled as it would be double dipping

Fro didn't garnish arrears as he was already paying and seemed to leave arrears alone for time being.

Spouse went to court in Jan 2015 to get access and was granted 1 and a half hours supervised every 2 weeks until a settlement conference. In her affidavit to the court supervised access was only suppsed to be for the first visit or 2 then it would be increased. My Spouse couldn't afford a lawyer and put off settlement conference. She kept supervised access going even though spouse would ask to increase it.

Spouse got a lawyer in April 2015 finally.
Lawyer asked her legal aid lawyer for access and settlement or mediation as his had been going on too long. Guess what no response.

She sent email last summer 2015 saying stop asking child to go with him as she has to punish him by saying no and that access is to be very gradual.

She sent email in summer saying stop asking child to go with him during supervised visits as she has to punish him by saying no and that access is to be very gradual.

Since that email she now claims her son is just not comfortable with leaving the house with his dad. My spouse has asked him why he's not comfortable and the child says I don't know.

No response from her legal aid lawyer for 4 months to move things forward. We fired his lawyer and got another in Sept 2015. Our lawyer tried to book mediation. Her lawyer agreed but couldn't get ahold of her. She claimed she was going to school when her lawyer got a response and couldn't go to court until march 2nd 2016 for the settlement conference.

She tried to adjourn settlement conference as her school would dock marks. the judge had ordered her to attend. On March 2nd she failed to show claiming school was too important. She also asked her lawyer to put forth the child needs psychological assessment. Judge found story about her school unbelievable. Judge tried to schedule for 2 weeks but our lawyer was reasonable and said may is ok. Judge said he wants to be in attendance for settlement conference which is to be after her course in may.

Access motion was booked for March 22 2016 as she failed to respond to this. Her legal aid lawyer requested this be moved as she as school. Judge said she doesn't need to be there. Ex spouse is taking social work program year 1. In my opinion my spouse shouldn't pay for a change in career. She should be working and taking classes at night like normal people do.

a trial is booked for September 2016 by the judge. He also ordered her to attend settlement conference in may. I hope they see she is just delaying for the money advantage in May and force her to settle or mediate.

My spouse just wants to have his son every second weekend as I have 3 kids about his age. She knows this. He also expects that she should be self supporting by now. He is walking away from the house. He figures he has over paid about 20 thousand over what he would have paid if he paid only spousal support of 1000

I just hope legal aid reviews this behaviour and doesn't allow a trial for her refusing to do anything. She shouldn't be able to take advantage of a free lawyer like this.

She will have nothing to prove for a trial except her acting completely unreasonable. And if we get costs awarded she will never pay it because she doesn't work.

Fingers crossed September 2016 is it given a trial.


Further to my story. I forgot to mention my spouses ex doesn't even live at the house. She lives with her boyfriend a few streets over. She leaves her boyfriends house to bring the child to her house for his supervised access.



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Old 03-06-2016, 01:10 PM
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Further to my story. I forgot to mention my spouses ex doesn't even live at the house. She lives with her boyfriend a few streets over. She leaves her boyfriends house to bring the child to her house for his supervised access.

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